Review Notes in Criminal Jurisprudence

Comprehensive vocabulary flashcards covering key legal definitions, doctrines, procedural rules, and special penal statutes in Philippine Criminal Jurisprudence.

Criminal Law

That branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

General Application (Generality)

A characteristic of criminal law providing that penal laws are binding on all persons who live, reside, or sojourn in Philippine territory.

Territorial Application (Territoriality)

A characteristic of criminal law providing that it undertakes to punish crimes committed within Philippine territory, including its atmosphere, interior waters, and maritime zone.

Prospectivity of Criminal Laws

A characteristic of criminal law stating that penal laws cannot make an act punishable when committed, and crimes are punished under the laws in force at the time of their commission.

Classical Theory

A theory in criminal law positing that the basis of criminal liability is human free will and the purpose of the penalty is retribution, establishing a direct proportion between crime and penalty with scant regard for the human element.

Positivist Theory

A theory holding that man is subdued occasionally by a strange and morbid phenomenon constraining him to do wrong, viewing crime as a social and natural phenomenon requiring individual investigation by psychiatrists and social scientists rather than abstract punishments.

Felonies (Delitos)

Acts and omissions punishable by law under the Revised Penal Code.

Dolo (Deceit)

A manner of committing a felony characterized by deliberate intent, requiring freedom, intelligence, and intent on the part of the offender.

Culpa (Fault)

A manner of committing a felony where the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Error in Personae

A mistake in the identity of the victim, which may cause a result different from that intended by the offender.

Aberratio Ictus

A mistake in the blow, where the offender intending to do an injury to one person actually inflicts it upon another.

Praeter Intentionem

A condition occurring when the injurious result is greater than that intended, or the felonious act exceeds the offender's intent.

Proximate Cause

That cause which, in natural and continuous sequence unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred.

Impossible Crime

An act performed with evil intent which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means, and which does not constitute a violation of another RPC provision.

Attempted Felony

A stage of execution where the offender commences the commission of a felony directly by overt acts and does not perform all acts of execution which should produce the felony by reason of some cause or accident other than spontaneous desistance.

Frustrated Felony

A stage of execution where the offender performs all the acts of execution which would produce the felony as a consequence, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

Consummated Felony

A stage of execution achieved when all elements necessary for the execution and accomplishment of the felony are present.

Subjective Phase

That portion of the execution of the crime starting from the point where the offender begins up to that point where he still maintains control over his acts, including their natural course.

Objective Phase

That portion of the acts of the offender where all acts of execution have been performed and he no longer has control over their consequences.

Overt Act

A physical activity, going beyond mere planning or preparation, that evinces the intention of the offender to commit a particular felony.

Preparatory Acts

Initial acts of a person who has conceived the idea of committing a crime, but which cannot by themselves logically and necessarily ripen into a concrete offense.

Conspiracy

A condition existing when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Proposal to Commit a Felony

A condition existing when a person who has decided to commit a felony proposes its execution to some other person or persons.

Grave Felonies

Infractions of law to which the law attaches capital punishment or penalties which in any of their periods are afflictive in accordance with Article 25 of the RPC.

Less Grave Felonies

Infractions of law which are punished with penalties that in their maximum period are correctional in accordance with Article 25 of the RPC.

Light Felonies

Infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

Justifying Circumstances

Defenses where the act is deemed completely in accordance with law, making the actor free from both criminal and civil liability.

Exempting Circumstances

Circumstances where a crime is technically committed, but due to the complete absence of conditions constituting free will or voluntariness, no criminal liability arises, though civil liability remains.

Unlawful Aggression

An unjustified attack sufficient to imperil one's life, limb, or right, constituting the primary indispensable requisite of legitimate self-defense.

Recidivist

One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

Treachery (Alevosia)

A circumstance where the offender commits any crime against the person employing means, methods, or forms tending directly and specially to insure its execution without risk to himself arising from any defense the offended party might make.

Band (Cuadrilla)

A grouping of more than three armed malefactors who have acted together in the commission of an offense.

Alternative Circumstances

Circumstances—namely relationship, intoxication, and degree of instruction and education—which are taken into consideration as either aggravating or mitigating according to the nature and effects of the crime.

Principal by Direct Participation

A person who personally and directly takes part in the execution of the act constituting the crime.

Principal by Induction

A person who directly forces or induces others to commit a crime, either by irresistible force, uncontrollable fear, giving a price, offering a reward or promise, or using words of command.

Principal by Indispensable Cooperation

A person who cooperates in the execution of the offense by performing another act without which the crime would not have been accomplished.

Accomplice

A person who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts.

Accessory

A person who, having knowledge of the commission of the crime and without having participated as principal or accomplice, takes part subsequent to its commission by profiting, concealing/destroying the corpus delicti, or harboring/assisting the escape of the principal.

Habitual Delinquent

A person who, within a period of ten years from his release or last conviction of serious or less serious physical injuries, robo, hurto, estafa, or falsification, is found guilty of any of said crimes a third time or oftener.

Civil Interdiction

An accessory penalty depriving the offender of parental authority, guardianship, marital authority, the right to manage property, and the right to dispose of property by conveyance inter vivos.

Subsidiary Penalty

A personal liability served by a convict who has no property to meet pecuniary liabilities, served in lieu thereof at a rate provided by law, which must be expressly imposed by the court.

Delito Compuesto (Compound Crime)

A form of complex crime where a single act produces two or more grave or less grave felonies.

Delito Complejo (Complex Crime Proper)

A form of complex crime where an offense is committed as a necessary means for committing another offense.

Three-Fold Rule

A rule providing that the maximum duration of a convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the sentences imposed, and in no case exceeding 40 years.

Treason

A crime committed in time of war by a person owing allegiance to the Philippines who levies war against the government or adheres to its enemies, giving them aid or comfort.

Two-Witness Rule

The statutory requirement in treason cases stating that no person can be convicted unless upon the testimony of at least two witnesses to the same overt act, or upon confession in open court.

Misprision of Treason

A felony by omission committed by a citizen of the Philippines who, having knowledge of any conspiracy to commit treason against the government, conceals or fails to disclose the same as soon as possible to proper authorities.

Espionage

The offense of entering without authority a military/naval establishment to obtain defense information, or a public officer disclosing such confidential national defense data in his possession to a foreign nation's representative.

Piracy (under Article 122, RPC)

Robbery or forcible depredation on the high seas committed by outsiders who attack or seize a vessel or seize its cargo, equipment, or personal belongings.

Mutiny

The unlawful resistance to a superior officer or raising of commotions and disturbances on board a ship against the commander's authority, committed on the high seas by crew members or passengers.

Kidnapping and Serious Illegal Detention

The unlawful deprivation of another person's liberty committed by a private individual, which becomes serious when it lasts more than 3 days, simulates public authority, inflicts serious injuries/threats to kill, involves certain protected victims, or is done for ransom.

Unlawful Arrest

An offense committed by any person who arrests or detains another without legal authority or reasonable grounds for the purpose of delivering the person to proper authorities.

Qualified Trespass to Dwelling

The act of a private person entering the dwelling of another against the latter's will, which is qualified when committed by means of violence or intimidation.

Grave Threats

An offense committed by threatening another with the infliction upon his person, honor, or property (or that of his family) of any wrong amounting to a crime, whether conditional or unconditional.

Grave Coercion

The act of preventing another by violence or intimidation from doing something not prohibited by law, or compelling him to do something against his will, whether right or wrong, without legal authority.

Unjust Vexation

A form of light coercion consisting of any human conduct committed without violence which unjustifiably annoys, vexes, or irritates an innocent person.

Robbery

The taking of personal property belonging to another with intent to gain, by means of violence against or intimidation of persons, or using force upon things.

Robbery with Homicide

A special complex crime against property where a killing (used in its generic sense) is committed by reason of or on the occasion of a robbery.

Brigandage

A crime committed by more than three armed persons forming a band of robbers for the purpose of committing robbery in the highway, kidnapping for extortion or ransom, or any other purpose attained by force and violence.

Theft

The unlawful taking of personal property belonging to another with intent to gain, without the owner's consent, and accomplished without violence or intimidation of persons or force upon things.

Qualified Theft

Theft committed by a domestic servant, with grave abuse of confidence, on occasion of calamities, or involving motor vehicles, mail matter, large cattle, coconuts from plantations, or fish from fishponds.

Estafa (Swindling)

An offense committed by defrauding another with abuse of confidence or by means of deceit, resulting in damage or prejudice capable of pecuniary estimation.

Malicious Mischief

The willful damaging of another person's property merely for the sake of damaging it, inspired by hate, revenge, or other evil motive, without intent to gain.

Adultery

A crime committed by a married woman having sexual intercourse with a man not her husband, and by the man who has carnal knowledge of her knowing her to be married.

Concubinage

A crime committed by a married man who keeps a mistress in the conjugal dwelling, has sexual intercourse under scandalous circumstances, or cohabits with a woman not his wife in any other place.

Acts of Lasciviousness

Lascivious or lewd acts committed upon another person under circumstances that would have constituted rape had sexual intercourse been effected, or committed with consent through qualified/simple seduction.

Qualified Seduction

The seduction of a virgin over 12 and under 18 years of age by persons in authority, priests, teachers, or servants, or of a sister/descendant regardless of age or reputation.

Simple Seduction

The seduction through deceit (usually an unfulfilled promise of marriage) of an unmarried woman of good reputation over 12 and under 18 years of age.

White Slave Trade

The offense of engaging in the business of commercial prostitution, profiting thereby, or enlisting women for prostitution.

Forcible Abduction

The taking away of any woman against her will, regardless of age or reputation, with lewd designs.

Consented Abduction

The taking away of a virgin over 12 and under 18 years of age with her consent, procured through solicitation, cajolery, or deceit, with lewd designs.

Bigamy

The contracting of a second or subsequent marriage before a former marriage has been legally dissolved, or before an absent spouse has been legally declared presumptively dead.

Libel

A public and malicious imputation of a crime, vice, or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of someone dead.

Slander by Deed

A defamation committed through the performance of an act (other than words) in the presence of other persons which casts dishonor, discredit, or contempt upon the offended party.

Incriminating Innocent Person

A crime committed by performing an act (such as planting evidence) which directly incriminates or imputes to an innocent person the commission of a crime, not constituting perjury.

Intriguing Against Honor

A crime committed by resorting to an ingenious, crafty plot or passing along unverified gossip of an unknown source designed to blemish the reputation of another person.

Reckless Imprudence

A quasi-offense where an act is done voluntarily without malice, but with inexcusable lack of precaution to avoid clearly perceivable damage or danger.

Simple Imprudence

A quasi-offense characterized by a lack of precaution where the impending damage or danger is not immediate or not clearly manifest.

Complaint

A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

Information

An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Prejudicial Question

An issue involved in a previously instituted civil action that is similar or intimately related to the issue in a subsequent criminal action, the resolution of which determines whether the criminal action may proceed.

Preliminary Investigation

An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Arrest

The taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Bail

The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required.

Capital Offense

An offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.

Recognizance

An obligation of record entered into before a court whereby an accused is released to his own custody or that of a responsible member of the community without cash or surety deposit.

Arraignment

The formal stage of criminal procedure where the accused is informed of the charge in open court by reading the complaint or information in a language known to him and asking whether he pleads guilty or not guilty.

Bill of Particulars

A motion filed before arraignment by the accused specifying alleged defects in the complaint or information to enable him to plead properly and prepare for trial.

Motion to Quash

A written pleading filed by the accused before entering his plea asserting specific legal grounds to set aside or dismiss the complaint or information.

Double Jeopardy

A constitutional and statutory bar against prosecuting an accused again for the same offense after having been previously convicted, acquitted, or when the case was dismissed without his express consent by a court of competent jurisdiction upon a valid charge.

Demurrer to Evidence

A motion to dismiss a criminal action filed by the accused after the prosecution rests its case on the ground of insufficiency of evidence.

Judgment

The adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.

Search Warrant

An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for specified personal property and bring it before the court.

Evidence

The means, sanctioned by the Revised Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Factum Probandum

The ultimate fact or the proposition to be established in a legal proceeding.

Factum Probans

The evidentiary fact, or the material and probative fact by which the factum probandum is established.

Best Evidence Rule

A rule of evidence stating that when the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, subject to specific statutory exceptions.

Parol Evidence Rule

A rule providing that when the terms of an agreement have been reduced to writing, no evidence of extrinsic terms outside the writing can be presented between the parties or their successors in interest.

Marital Disqualification Rule (Spousal Immunity)

A rule providing that during marriage, neither spouse may testify for or against the other without the consent of the affected spouse, except in civil suits against each other or criminal cases for crimes committed against one another or direct ascendants/descendants.

Admission

The act, declaration, or omission of a party as to a relevant fact given in evidence against him, which does not directly involve an explicit acknowledgment of guilt.