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Criminal Law Book 2 Reviewer

criminal law reviewer book 2
Criminal Law Book 2



Criminal Law Book 2 Reviewer
Definition of Terms






Abduction - the taking away of a woman from her house or the place
where she may be for the purpose of carrying her to another place
with the intent to marry or to corrupt her.

      Related: Full Reference Material in Criminal Law

      Forcible abduction - If 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.

      Serious illegal detention - If a woman is transported just to
      restrain her of her liberty. There is no lewd design or lewd intent.

      Grave coercion - If a woman is carried away just to break her
      will, to compel her to agree to the demand or request by the
      offender.

      Special complex crime of Kidnapping with Murder -  When the victim
      dies or is killed as a consequence of the detention.

Abortion By A Physician Or Midwife And Dispensing Of Abortives -
punishes a pharmacist who merely dispenses with an abortive without the proper
prescription of a physician. If pharmacist knew that the abortive would
be use for abortion, she would be liable as an accomplice in the crime
of abortion.

Acts Of Lasciviousness - Committed under circumstances w/c, had there
been carnal knowledge, would amount to rape. Offended party is a
female or male.

Adherence – intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s policy or interest.

Agent Of Person In Authority – any person who, by direct provision of
law or by election or by appointment by competent authority, is charged
with the maintenance of public order and the protection and security
of life and property.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemy
of the government in the conduct of war against the government, or an
act w/c weakens or tends to weaken the power of the government or
the country to resist or to attack the enemies of the gov’t or country.

Alarms and Scandal - The essence of the crime is disturbance of public
tranquility and public peace. Any kind of disturbance of public order
where the circumstance at the time renders the act offensive to the
tranquility prevailing, the crime is committed.

Allegiance – obligation of fidelity and obedience which individuals
owe to the government under which they live or to the sovereign, in
return for protection they receive.

Certificate - any writing by which testimony is given that a fact has
or has not taken place.

Charivari - is a mock serenade or discordant noises made with kettles,
tin horns etc., designed to deride, insult or annoy.

Combination In Restraint Of Trade - is an agreement or understanding
between two or more persons in the form of a contract, trust, pool,
holding  company or other form of association, for the purpose of
unduly restricting competition, monopolizing trade and commerce in a
certain commodity, controlling its production, distribution and price,
or otherwise interfering with freedom of trade without statutory authority.
Combination in restraint of trade refers to the means while monopoly
refers to the end.

Conspiracy - when two or more persons come to an agreement to rise
publicly and take arms against government for any of the purposes of
rebellion and decide to commit it.

Coup d' Etat - Essence of the crime: Swift attack against the government,
its military camps an installations, etc. It maybe committed singly or
collectively. Committed through force, violation, intimidation, threat,
strategy or stealth.

Customs - refer to established usage, social conventions carried on by
tradition and enforced by social disapproval in case of violation.

Decency - means properly observing the requirements of modesty,
good taste.

Delay in the Delivery of Detained Persons - Crime is committed by
failing to deliver such person to the proper judicial authority within
a certain period. Detention is for some legal ground.

Dereliction of Duty - Committed only by public officers who have the
duty to institute prosecution for the punishment of violations of
the law. Public officer does not abandon his office but merely fails
to prosecute a violation of the law.

Direct Assault - The Public Authority or the Agent of the Public
Authority must be engaged in the performance of official duties or
that he is assaulted by reason thereof.

Direct Bribery - the officer agrees to  perform or refrain from doing
an act in  consideration of the gift or promise.

      Indirect Bribery - it is not necessary  that the officer do any
      act. It is  sufficient that he accepts the gift  offered by
      reason of his office.

Dissolute – lax, unrestrained, immoral (includes maintainer of house
of prostitution).

Document - any written statement by which a right is established or
an obligation is extinguished.

Duel - is a formal or regular combat previously consented to by two
parties in the presence of two or more seconds of lawful age on
each side, who make the selection of arms and fix all the other
conditions of the fight to settle some antecedent quarrel.
      If these are not the conditions of the fight, it is not a duel
      in the sense contemplated in the Revised Penal Code. It will
      be a quarrel and anyone who killed the other will be liable
      for homicide or murder, as the case may be.

Espionage - is the offense of gathering, transmitting, or losing
information respecting the national defense with intent or reason to
believe that the information is to be used to the injury of the Republic
of the Philippines or the advantage of a foreign nation.

Estafa With Abuse of Confidence - Crime is committed by misappropriating,
converting, or denying having received money, goods or other personal
property.

False Testimony - committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a hearing
before a competent authority, shall deny the truth or say
something contrary to it.

Forgery - The essence of forgery is giving a document the appearance
of a true and genuine document. Not any alteration of a letter, number,
figure or design would amount to forgery. At most, it would only be
frustrated forgery.

Grave scandal - consists of acts which are offensive to decency and
good customs. They are committed publicly and thus, give rise to
public scandal to persons who have accidentally witnessed the acts.

Illegal Detention - Committed by a Committed by private individual
public officer or who unlawfully employee who deprives a person
detains a person of his liberty.

Illegal Exactions - This can only be committed principally
by a public officer whose official duty is to collect taxes, license
fees, import duties and other dues payable to the government.
Mere demand of a larger or different amount is sufficient to consummate
the crime. The essence is the improper collection (damage to government
is not required)

Illegal marriage - Illegal marriage includes also such other marriages
which are performed without complying with the requirements of law, or
marriages where the consent of the other is vitiated, or such marriage
which was solemnized by one who is not authorized to solemnize the same.

Imprudence - Failure in precaution.

Incriminating Innocent Person - act of planting evidence and the like
in order to incriminate an innocent person.

Inducing A Minor To Abandon His Home - What constitutes the crime is
the act of inducing a minor to abandon his home of his guardian, and
it is not necessary that the minor actually abandons the home.

Infanticide - the victim is younger than three days or 72 hours old;
can be committed by a stranger. If a stranger who conspires with parent,
both commit the crime of infanticide.

In Flight – From the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.

Insurrection - more commonly employed in reference to a movement which
seeks merely to effect some change of minor importance, or to prevent
the exercise of governmental authority with respect to particular
matters or subjects.

Interlocutory Order - one issued by the court deciding a collateral
or incidental matter; it is not a final determination of the issues
of the action or proceeding.

Intriguing Against Honor - is referred to as gossiping: the offender,
without ascertaining the truth of a defamatory utterance, repeats the
same and pass it on to another, to the damage of the offended party.

Libel - Defamation is in writing or printed media.

      Slander - oral defamation.

      Defamation - public and malicious imputation calculated to cause
      dishonor, discredit, or contempt upon the offended party.

Malfeasance - Doing of an act which a public officer should not
have done.

Malversation - is otherwise called embezzlement. Crime is committed
by approaching, taking, or misappropriating/consenting, or through
abandonment or negligence, permitting any other person to take the
public funds/property.

Manifestly Unjust Judgment – manifestly contrary to law that even a
person having meager knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment.

Medical Malpractice -  which is a form of negligence, consists in the
failure of a physician or surgeon to apply to his practice of medicine
that degree of care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like surrounding
circumstances.

Misfeasance - Improper doing of an act which a person might lawfully do.

Monopoly - is a privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right or power to
carry on a particular business or trade, manufacture a particular
article, or control the sale or the whole supply of a particular
commodity. It is a form of market structure in which one or only a few
firms dominate the total sales of a product or service.

Mutiny - the unlawful resistance to a superior, or the raising of
commotions and disturbances on board a ship against the authority of
its commander.

Negligence - Failure in advertence.

Nonfeasance - Failure of an agent to perform his undertaking for
the principal.

Perjury by Making False Accusations - giving of false statement under
oath or making a false affidavit, imputing to the person the commission
of a crime.

Person In Authority – any person directly vested with jurisdiction,
whether as an individual or as a member of some court or governmental
corporation, board or commission.

Piracy - it is robbery or forcible depredation on the high seas, without
lawful authority and done with animo furandi and in the spirit and
intention of universal hostility.

Political Crimes – are those directly aimed against the political order,
as well as such common crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.

Prevaricacion - means the negligence and tolerance in the prosecution
of an offense.

Proposal - when the person who has decided to rise publicly and take
arms against the government for any of the purposes of rebellion
proposes its execution to some other person or persons.

Prostitutes - women who habitually(not just 1 man) indulge in sexual
intercourse or lascivious conduct for money or profit (If a man
indulges in the same conduct, the crime committed is vagrancy.)

Quasi-Recidivism - Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense.

Rebellion - more frequently used where the object of the movement is
completely to overthrow and supersede the existing government.

Revealing Secrets With Abuse Of Office - Essence of this crime is
that the offender learned of the secret in the course of his employment.
He is enjoying a confidential relation with the employer or master
so he should respect the privacy of matters personal to the latter.

Ruffians – brutal, violent, lawless.

Sedition - It is the raising of commotions or disturbances in the State.
It is sufficient that the public uprising be tumultuous. The purpose
may be political or social.

Seduction - enticing a woman to unlawful sexual intercourse by promise
of marriage or other means of persuasion without use of force. It
applies when there is abuse of authority (qualified seduction) or
deceit (simple seduction).

Service Mark – is a mark used in the sale or advertising of services
to identify the services of one person and distinguish them from the
services of others and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names, and distinctive
features of radio or other advertising.

Slavery - This is committed if anyone shall purchase, kidnap, or
detain a human being for the purpose of enslaving him.

Trade-Name Or Trade-Mark – is a word or words, name, title, symbol,
emblem, sign or device, or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for the purpose of
enabling the public to distinguish the business of the person who
owns and uses said trade-name or trade-mark.

Treason – breach of allegiance to the government by a person who owes
allegiance to it. The levying of war against the government would
constitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided with
means of violence.

Unfair Competition -  consists in employing deception or any other means
contrary to good faith by which any person shall pass off the goods
manufactured by him or in which he deals, or his business, or services
for those of the one having established goodwill, or committing any acts
calculated to produce such result.

Unintentional Abortion - requires physical violence inflicted deliberately
and voluntarily by a third person upon the pregnant woman. If the pregnant
woman aborted because of intimidation, the crime committed is not
unintentional abortion because there is no violence; the crime committed
is light threats.

Unlawful Arrest - This felony consists in making an arrest or detention
without legal or reasonable ground for the purpose of delivering the
offended party to the proper authorities.

Vagrants -  Those who have no apparent means of subsistence and who have
the physical ability to work yet neglect to apply themselves to some
useful calling.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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