BIDA ANG SAYA SA REVALIDA.docx

Identify the meaning of each.

Criminal Law: A branch of municipal law that defines crimes, treats of their nature, and provides for their punishment.

Bill of Attainder: Legislative act which inflicts punishment without trial.

Crime: Acts or omissions punishable by law.

Classical Theory: This theory states that man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

Positivist Theory: Theory stating that man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition.

Utilitarian/Protective Theory: Consistent with this theory, the mala prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full harshness of the special law.

Eclectic or Mixed Philosophy: This theory combines both positivist and classical thinking.

Equipoise Rule: Rule suggests that when the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.

Felony: Any act or omission punishable under Article 3, RPC.

Offense: Acts punishable under special laws.

Battered Woman Syndrome: It refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Consummated: Stage of felony where all the acts necessary for its accomplishment and execution are present.

Frustrated: Stage of felony where the offender performs all the acts of execution which would produce the felony as a result, but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

Attempted: Stage of felony where the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony, by reason of some cause or accident other than his own spontaneous desistance.

Battery: Any act of inflicting physical harm upon the woman or her child resulting to physical, psychological or emotional distress.

Three-fold Rule: This Rule states that the maximum duration of the convict’s sentence shall not be more than three-fold the length of time corresponding the most severe of the penalties imposed upon him.

Offenses: Acts punishable by special statutes.

Final Judgment: No penalty shall be executed except by virtue of.

Equipoise Rule: Rule suggests that when the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.

Civil Interdiction: Accessory penalty affecting the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property.

RA No. 9346: An act prohibiting the imposition of death penalty.

Offenses: Acts punishable by special statutes.

Final Judgment: No penalty shall be executed except by virtue of.

Destierro: A person sentenced with this penalty shall not be permitted to enter the place or places designated in the sentence, nor within the radius specified therein.

Total Extinguishment of Criminal Liability: The consequence connected to the criminal liability when such offender or accused dies prior to final judgment.

Amnesty: Extended to classes of persons who may be guilty of political offenses.

Pardon: An act of grace proceeding from the power entrusted with the execution of laws, which exempts the individual from the punishment of the law inflicted for the crime.

20 years: Prescription period of crimes punishable by death, reclusion perpetua, or reclusion temporal.

Bill of Attainder: Legislative act which inflicts punishment without trial.

Crime: Acts or omission punishable by law.

Classical Theory: This theory states that man is essentially a moral creature with an absolute free will to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

Positivist Theory: Theory stating that man is subdued occasionally by a strange and morbid phenomenon which conditions him to do wrong in spite of or contrary to his volition.

Pro Reo: Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

Misfeasance: The improper performance of some act which might be lawfully done.

Malfeasance: Performance of some act which ought not to be done.

Nonfeasance: Omission of some act which ought to be performed.

Judgment: The final consideration and determination of the court of competent jurisdiction upon the matters submitted to it, in an action or proceeding.

Bribery: Committed when a public officer receives a gift, present, offer, or promise, by reason or in connection with the performance of his official duties.

Qualified Bribery: Committed when the public officer entrusted with law enforcement receives a gift or present in exchange for refraining from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death.

Malversation of Public Funds: The act of appropriating, misappropriating, or permitting any other person to take public funds or property.

Technical Malversation: Committed when a public officer applies public funds under his administration not for his or another’s personal use, but to a public use other than that for which the fund was appropriated by law or ordinance.

Evasion through Negligence: Committed when a public officer in charge with the conveyance or custody of a prisoner, either detention prisoner or by final judgment, escapes through the officer’s negligence.

Parricide: The killing of legitimate or illegitimate father, mother, child, ascendant, descendant, or spouse.

Murder: The unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present: treachery, in consideration of a price, reward, or promise, by means of inundation, fire, poison, explosion, etc.

Corpus Delicti: The actual commission of the crime charged and not to the body of the murdered person.

Giving Assistance to Suicide: Committed when lending assistance to another to commit an act to the extent of doing the killing himself.

Murder, Homicide: The killing of any child whether the killer is the parent or grandparent, any relative of the child, or a stranger.

Infanticide: The killing of any child less than 3 days old or 72 hours of age, whether the killer is the parent or grandparent, any relative of the child, or a stranger.

Abortion: The willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb that results in the death of the fetus.

Duel: The formal or regular combat previously consented between two parties in the presence of two or more seconds of lawful age.

Mutilation: The lopping or clipping of some parts of the body which are not susceptible for growth.

Incestuous Rape: Refers to rape committed by an ascendant of the offended woman.

Statutory Rape: Sexual intercourse with a girl below 12 years old.

Exempting - Circumstances that do not incur criminal liability.

Aggravating - Circumstances that must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.

Reclusion Temporal - Penalty with the entire duration ranging from 12 years and 1 day to 20 years.

Reclusion Temporal - Penalty with the entire duration ranging from 6 years and 1 day to 12 years.

Prision Correctional - Penalty with the entire duration ranging from 6 months and 1 day to 6 years.

Arresto Menor - Penalty with the entire duration ranging from 1 month and 1 day to 6 months.

Arresto Menor - Penalty with the entire duration ranging from 1 day to 30 days.

Principal by direct participation - Those who take a direct part of the execution of the felony.

Complex - Crime which constitutes two (2) or more grave or less grave felonies, or an offense necessary for committing the other.

Principal, Accomplices, Accessories - Who are criminally liable for grave and less grave felonies?

Government - In confiscation and forfeiture, the thing or things confiscated shall be taken in favor of.

Belonging to third person not liable in the crime - In confiscation and forfeiture, all thing or things shall be confiscated in favor of the State except.

Frustrated - Offender performs all the act 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 where all the elements necessary for its execution and accomplishment are present.

Attempted - Offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Crime: An act committed or omitted in violation by public law forbidding or commanding it.

Felony: An act or omission punishable by the Revised Penal Code.

Offense: Crimes punishable by special law.

Intentional Felony: Felony committed with deliberate intent.

Culpable Felony: Felony resulting from negligence, reckless imprudence, lack of foresight, or lack of skill; performed without malice.

Frustrated: Offender performs all the act 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 where all the elements necessary for its execution and accomplishment are present.

Attempted: Offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

Conspiracy: Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Proposal: Exists when the person who has decided to commit a felony offers its execution to some other person or persons.

Forcible Abduction - Committed when a woman is transported from one place to another by virtue of restraining her of her liberty and that act is coupled with lewd designs.

Kidnapping with serious illegal detention - Crime committed when a woman is transported just to restrain her liberty.

Grave Coercion - Crime committed when a woman is carried away just to break her will, to compel her to agree to demand or request by the offender.

Unlawful Arrest - Felony committed by making an arrest not authorized by law.

Kidnapping and Failure to Return a Minor Felony - committed by a person entrusted with the custody of a minor and deliberately fails to restore said minor to his parents or guardians.

Inducing a minor to abandon his/her home - Felony committed when the offender induces a minor to abandon his/her home.

Qualified Trespass to Dwelling - Felony committed when the offender, being a private person, enters a dwelling of another against the will of the latter.

Threat - A declaration of an intention or determination to injure another by the commission upon his person, honor, or property or upon his family of some wrong which may or may not amount to a crime.

Grave Coercion - The felony committed when preventing or compelling another, by means of violence, threat, or intimidation from doing or to do something against his/her will whether the doing is prohibited by law or it be right or wrong.

Light Coercion - Felony committed by a creditor by seizing anything belonging to his debtor, by means of violence or display of material force producing intimidation to apply as payment of the debt.

Robbery - The resulting crime when the property of the debtor seized is greater than that of the debt and violence and intimidation are employed.

Estafa - The resulting crime when the property of another is seized having no obligation of the offended party but was only feigned and deceit is employed.

Arbitrary Detention - Committed by a public officer who detains a person without legal grounds.

Ransom - The money, price, consideration paid or demanded for the redemption of the captured person/s, the payment of which releases them from captivity.

Sexual Assault - A kind of rape committed with an instrument or an object or use of penis with penetration of the mouth or anal orifice.

Robbery - The taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of any person or using force upon anything.

Inhabited Houses - Refers to any shelter, ship, or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom.

Public Building - Any building owned by the Government or belonging to private person but used or rented by the Government.

Detention: The actual confinement of a person in an enclosure, or in any manner of depriving him/her liberty.

Proper judicial authorities: The courts of justice or judges of said courts vested with the proper authorities.

In Flagrante Delicto: When, in the presence of the person making the arrest, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

Hot Pursuit/Fresh Pursuit: When an offense has been committed, and the person effecting the arrest has probable cause to believe on personal knowledge of facts and circumstances that the person to be arrested has committed it.

Delaying Release: An act of unduly delaying the service of the notice or order from the court pertaining to the release of the prisoner.

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 personal property described therein and bring it before the court.

Trespass to Dwelling: Crime committed when a private person enters any dwelling against the will of the owner thereof.

Violation of Domicile: An offense committed by a public officer by entering any dwelling against the will of the owner, searching papers thereof without consent, and refusing to leave the premises after having been required to do so.

Search warrants maliciously obtained: The offense committed by a public officer by searching domicile, papers, and other belongings armed with a search warrant unlawfully obtained.

Prohibition, Interruption, and Dissolution of peaceful meetings: An offense committed by a public officer by prohibiting, hindering any person to peaceably hold a meeting and dissolving the same.

Treason: Breach of allegiance to a government, committed by a person who owes allegiance to it.

Two-witness rule: A rule which requires the testimony of at least two witnesses to prove the overt act of giving aid or comfort in the crime of Treason.

Espionage: The offense of gathering, transmitting, or losing information respecting the national defense.

Neutrality: A condition of a nation that, in time of war, takes no part in the dispute but continues peaceful dealings with the belligerents.

Piracy: Robbery or forcible depredation on the high seas.

RA No. 3019 - The “Anti-Graft and Corrupt Practices Act”

RA No. 9262 - The “Anti-Violence Against Women and their Children Act”:

RA No. 8353 - The “Anti-Rape Law of 1997”

RA No. 11479 - The “Anti-Terrorism Act of 2020”

RA No. 10591 - The “Comprehensive Firearms and Ammunition Regulation Act”

RA No. 9165 - The “Comprehensive Dangerous Drugs Act of 2002”

RA No. 4136 - The “Land Transportation and Traffic Code”

RA No. 10054 - The “Motorcycle Helmet Act of 2009”

RA No. 9211 - The “Tobacco Regulation Act of 2003”

EO No. 26 s. 2017 - The “Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places”

RA No. 10592 - The “An Act Amending Articles 29, 94, 97, 98 And 99 Of Act No. 3815”

RA No. 11235 - The “Motorcycle Prevention Act”

RA No. 11313 - The “Safe Spaces Act”

RA No. 11332 - The “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act”

RA No. 8551 - The “PNP Reform and Reorganization Act of 1998”

RA No. 9334 - The “Juvenile and Welfare Act of 2006”.

RA No. 7610 - The “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”.