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 used 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. The 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 a 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 – an 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 the government for any of the purposes of rebellion and decide to commit it.

Coup d' Etat - Essence of the crime: a Swift attack against the government, its military camps an installations, etc. It may be 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 a prosecution for the punishment of violations of the law. A 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 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 that 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 private individual public officer who unlawfully detains or deprives 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 for 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 the 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 - the 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 abandon 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 the 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 that 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 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 the law cannot doubt the injustice; not an 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 of 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 a 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 the promise of marriage or other means of persuasion without the use of force. It applies when there is an 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 of 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.