Review Notes in Criminal Jurisprudence

Comprehensive vocabulary flashcards covering key definitions across Criminal Law (Books 1 & 2), Criminal Procedure, Criminal Evidence, and Special Penal Laws.

Criminal Law

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

General Application of Criminal Law

The characteristic of criminal law making it binding on all persons who reside or sojourn in Philippine territory, irrespective of nationality or status.

Territorial Application of Criminal Law

The characteristic whereby criminal law undertakes to punish crimes committed within the Philippine territory, including its atmosphere, interior waters, and maritime zone.

Prospectivity of Criminal Laws

The principle providing that penal laws cannot punish acts committed prior to their enactment; 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, man is essentially a moral creature able to choose between good and evil, and the purpose of penalty is retribution.

Positivist Theory

A theory in criminal law viewing crime as a social and natural phenomenon caused by morbid constraints on human volition, requiring individual investigation by psychiatrists and social scientists rather than mechanical punishment.

Felonies (Delitos)

Acts and omissions punishable by law under the Revised Penal Code, committed either by means of deceit (dolo) or by means of fault (culpa).

Dolo (Deceit)

A manner of committing a felony where the act is performed with deliberate intent, requiring freedom, intelligence, and intent.

Culpa (Fault)

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

Aberratio Ictus

Mistake in the blow; occurs when the offender, intending to inflict an injury upon one person, accidentally inflicts it upon another.

Error in Personae

A mistake in the identity of the victim on the part of the offender.

Praeter Intentionem

A circumstance wherein the injurious result of an act is greater than that which was originally intended by the offender.

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 the employment of inadequate or ineffectual means.

Attempted Felony

A stage of execution where the offender commences the commission of a felony directly by overt acts, but does not perform all acts of execution due to some cause or accident other than spontaneous desistance.

Frustrated Felony

A stage of execution where the offender performs all the acts of execution which should produce the felony as a consequence, but which fails to produce it by reason of causes independent of the perpetrator's will.

Consummated Felony

A stage of execution where all the elements necessary for the execution and accomplishment of the crime are present.

Overt Act

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

Conspiracy

An agreement between two or more persons concerning the commission of a felony followed by a decision to commit it.

Proposal to Commit a Felony

An act where a person who has decided to commit a felony proposes its execution to another person or persons.

Justifying Circumstances

Conditions where an act of a person is in accordance with law, completely extinguishing both criminal and civil liability because no transgression occurred.

Exempting Circumstances

Conditions wherein an act technically constitutes a crime, but no criminal liability arises due to the complete absence of free will or voluntariness, although civil liability remains.

Treachery (Alevosia)

An aggravating circumstance in crimes against persons where the offender employs means, methods, or forms of execution insuring fulfillment without risk arising from the defense the offended party might make.

Recidivist

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

Principal by Indispensable Cooperation

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

Accomplice

A person who, not being a principal, concurs with the principal's criminal design and cooperates in the execution of the offense by previous or simultaneous acts.

Accessory

A person who, having knowledge of the commission of a crime and without participating as a principal or accomplice, takes part subsequent to its commission by profiting, concealing instruments/evidence, or assisting perpetrators to escape.

Subsidiary Penalty

A subsidiary personal liability suffered by a convict in lieu of unpaid pecuniary liabilities (reparation, indemnification, and fine) due to insolvency, at the rate of one day for each 8.00 pesos.

Delito Compuesto (Compound Crime)

A complex crime wherein a single act constitutes two or more grave or less grave felonies.

Delito Complejo (Complex Crime Proper)

A complex crime wherein an offense is committed as a necessary means for committing another offense.

Habitual Delinquent

A person who, within a period of ten (10) years from the date of 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.

Three-Fold Rule

The legal rule providing that the maximum duration of a convict's sentence shall not exceed three times the length of time of the most severe penalty imposed, capped at a maximum of 40 years.

Treason

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

Two-Witness Rule

The statutory requirement under Art. 114 of the RPC that treason can only be proven by the testimony of at least two witnesses to the same overt act, or by confession in open court.

Misprision of Treason

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

Piracy (RPC Art. 122)

A crime committed on the high seas by any person who attacks or seizes a vessel, or who, being an outsider (neither complement nor passenger), seizes its cargo, equipment, or belongings of passengers/crew.

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.

Band (Cuadrilla)

A group of at least four (4) armed malefactors organized and acting together in the execution of an offense.

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 attaining any purpose by force and violence.

Robbery

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

Theft

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

Grave Coercion

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

Grave Threats

The act of threatening another with the infliction upon his person, honor, or property (or that of his family) of any wrong amounting to a crime, whether demanding money/conditions or not.

Estafa (Swindling)

A crime against property committed by defrauding another with unfaithfulness or abuse of confidence, or through false pretenses or fraudulent acts, causing damage capable of pecuniary estimation.

Malicious Mischief

The willful damaging of another person's property purely for the sake of causing damage, inspired by hatred, revenge, or other evil motive, without intent to gain.

Adultery

A private crime committed by a married woman who has 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 with a woman not his wife, or cohabits with her elsewhere.

Forcible Abduction

The unlawful taking away of any woman against her will, from her home or wherever she may be, committed with lewd designs.

Consented Abduction

The taking away of a virgin over 12 and under 18 years of age, carried out with her consent following solicitation or cajolery, and executed with lewd designs.

Bigamy

The contracting of a second or subsequent marriage before the legal dissolution of a prior valid subsisting marriage, or before the absent spouse has been judicially 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 the dishonor, discredit, or contempt of a natural or juridical person, or blacken the memory of someone dead.

Slander by Deed

A defamation committed against a person through the performance of an act (other than written or spoken words) in the presence of others that casts dishonor, discredit, or contempt upon the offended party.

Intriguing Against Honor

The act of resorting to an ingenious, secret plot or passing around an unattributed defamatory gossip with the principal purpose of blemishing the honor or reputation of another.

Reckless Imprudence

A voluntary act or omission done without malice, resulting in material damage due to an inexcusable lack of precaution where the impending danger is clearly manifest.

Complaint (Criminal Procedure)

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

Information (Criminal Procedure)

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

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.

Prejudicial Question

A previously instituted civil action involving an issue similar or intimately related to that raised in a subsequent criminal action, the resolution of which determines whether the criminal action may proceed.

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.

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.

Demurrer to Evidence

A motion filed by the accused after the prosecution rests its case, seeking dismissal of the criminal action on the ground of insufficiency of evidence.

Factum Probandum

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

Factum Probans

The evidentiary fact or material by which the ultimate fact in dispute (factum probandum) is established.

Best Evidence Rule

The evidentiary rule 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 statutory exceptions.

Parol Evidence

Extrinsic or oral evidence offered to vary, contradict, or add to the terms of a written agreement deemed to contain all terms agreed upon by the parties.

Res Inter Alios Acta

The legal principle that the rights of a party cannot be prejudiced by an act, declaration, or omission of another, except where specific relationships like agency, partnership, or conspiracy exist.

Dying Declaration

A statement made by a dying person under consciousness of impending death, regarding the cause and surrounding circumstances of his death, admissible in a case where his death is the subject of inquiry.

Res Gestae

Statements made while a startling occurrence is taking place or immediately prior/subsequent thereto regarding its circumstances, or statements accompanying and explaining an equivocal act material to the issue.

Corpus Delicti

The body of the crime; the substantive fact of a specific loss or injury sustained, such as the fact of death in a homicide.

Plunder (R.A. No. 7080)

A crime committed by a public officer who, alone or in connivance with others, amasses ill-gotten wealth through a combination or series of overt or criminal acts totaling at least $50{,}000{,}000.00$ pesos.

Fencing (P.D. No. 1612)

The act of buying, receiving, possessing, keeping, acquiring, concealing, selling, or dealing in any article of value with intent to gain, knowing or having reason to know it was derived from robbery or theft.

Carnapping (R.A. No. 6539)

The taking, with intent to gain, of a motor vehicle belonging to another without consent, or by means of violence against or intimidation of persons, or by using force upon things.

Cattle Rustling (P.D. No. 533)

The taking away by any means, without consent of the owner or raiser, of large cattle (whether or not for profit, with or without violence or force), or the unauthorized killing or taking of meat/hide thereof.

Hazing (R.A. No. 8049)

An initiation rite or practice prerequisite to admission in a fraternity, sorority, or organization that subjects an applicant to embarrassing, humiliating, or physically/psychologically painful situations.