13 Must-Know Legal Jargons

by: Glenn Wil D. Egano

We live in a world governed by laws. Even if how much we want to avoid interweaving our lives
into the legal world; we can’t. We ought to know some of its terminologies in order for us to properly
understand the promulgated laws and abide by it, know and understand our rights and obligations, and
maybe fully enjoy the legal tv series that we are watching right now. As such, I have compiled some legal
jargons which will be helpful not just for the legal minds, but also for the laymen.

1. INQUEST

Inquest is a proceeding done by prosecutors when the person was arrested without a warrant. A
warrantless arrest is allowed under conditions set by the rules of criminal procedure – when the person
commits the crime in the presence of the officer, or when there is probable cause to believe a crime has
just been committed, or if it is a prisoner escaping from jail, or if the offense is a continuing offense like
rebellion.

Inquest proceedings are also used to determine if there is probable cause to indict the person.

2. PRELIMINARY INVESTIGATION

If the offense is punishable by jail time of at least 4 years, two months, and one day, the complaint is
required to undergo a preliminary investigation (PI). In the event that the person is arrested without
warrant, and the offense is required to undergo a PI, inquest proceedings may suffice.

3. INDICTMENT

After inquest or preliminary investigation by prosecutors, they will issue a resolution which contains the
findings. Prosecutors will either dismiss the complaint or find probable cause to file charges against the
person. If there is probable cause, then that person is indicted.

When a person is indicted, it does not mean that he or she is charged. Only when the prosecutors file
the information before a court is a person considered charged. An indictment can still be appealed by
the accused, or by the complainant.
 4. WARRANT OF ARREST

As soon as the information is filed, the accused can begin filing motions and pleadings. At this point, trial
court judges or justices will determine whether there is probable cause to issue a warrant of arrest.

This is a written order issued and signed by a magistrate, directed to a peace officer or some other
person specially named, and commanding him to arrest the body of a person named in it, who is
accused of an offense. Brown v. State

5. ARRAIGNMENT

This is where the accused enters his or her plea. When the accused refuses to enter a plea, the court is
required to enter a not guilty plea on his or her behalf.

6. TRIAL

After subjecting the case to pre-trial proceedings, where the accused can attempt to have the charges
dismissed through different motions, the court will decide to move to trial.

Generally, when the case is already on trial, the next chance that the accused can move to dismiss it is to
file a demurrer of evidence after the prosecution rests its case or after they are done presenting their
evidence. Presentation may take a while so some accused try to prevent or delay their case from
reaching trial.

7. RECLUSION PERPETUA VS LIFE IMPRISONMENT

Reclusion Perpetua is a penalty for a crime committed under the RPC, while life imprisonment is a
sentence for a crime that falls under a special penal law.

"The RPC prescribes certain penalties — among them, reclusion perpetua. Reclusion perpetua is an
indivisible penalty," she added. "After 30 years, the person sentenced to reclusion perpetua becomes
eligible for pardon."

Reclusion Perpetua, which places a convict in prison from 20 to 40 years and falls under the RPC's list of
afflictive penalties, also carries with it accessory penalties.

Life imprisonment, on the other hand, has an indefinite duration, has no specific details on pardon, and
does not come with compulsory accessory penalties.
 8. BAIL

Bail the security given for the release of a person in custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the conditions specified under the
Rule 114 of the Rules of Criminal Procedure. Bail may be given in the form of corporate surety, property
bond, cash deposit, or recognizance.

9. PLAINTIFF

This is the person or business that has filed a formal complaint with the court.

10. SUBPOENA

According to Rule 21 of the Rules of Civil Procedure, it is a process directed to a person requiring him to
attend and to testify at the hearing or the trial of an action, or at any investigation conducted by
competent authority, or for the taking of his deposition. It may also require him to bring with him any
books, documents, or other things under his control in which case it is called a subpoena duces tecum.

11. HABEAS CORPUS

When the Supreme Court, which has jurisdiction over habeas corpus petitions, issues the writ, it
commands an individual or a government official who has restrained another individual to produce the
prisoner at a designated time and place so that the Court can determine whether the prisoner's custody
is legal or not.

If it isn't, then the prisoner must be released. In other words, the writ is a safeguard against warrantless
arrests and illegal detention.

12. MENS REA

In criminal law, mens rea means the gravamen of the offense. It is derived from the latin maxim Actus
non facit reum, nisi mens sit rea, which means that "evil intent must unite with an unlawful act for a
crime to exist." There can be no crime when the criminal mind is wanting.

The doctrine applies to crimes mala in se, mens rea being defined as a guilty mind, a guilty or wrongful
purpose or criminal intent, and essential for criminal libility. A criminal law that contains no mens rea
requirement infringes on constitutionally protected rights. The criminal statute must also provide for the
overt acts that constitute the crime. For a crime to exist in our legal law, it is not enough that mens rea
be shown; there must also be an actus reus which is defined as an action or conduct that is a constituent
element of a crime, as opposed to the mental state of the accused.
 13. QUANTUM OF PROOF/EVIDENCE

This is the amount of proof needed to convict or prove the guilt of the accused.

The quantum of proof required differs based on the kind of proceedings instituted:

 Criminal cases: Proof of Guilt must be Beyond Reasonable Doubt

 That degree of proof, which, excluding the possibility of error, produces moral certainty. If
the inculpatory facts are capable of two or more explanations, one of which is consistent
with the innocence of the accused and the other consistent with his guilt, then the evidence
does not fulfill the test of moral certainty and is not sufficient to support a conviction.

 Civil Cases: Preponderance of Evidence

 This means that the weight, credit and value of the aggregate evidenced of one is superior
to the other

 Administrative Cases: Substantial Evidence

 Substantial evidence is more than a mere scintilla. It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.

Sources:

 https://www.rappler.com/newsbreak/iq/177811-court-jargon-explainer
 http://cnnphilippines.com/news/2015/04/17/life-imprisonment-reclusion-perpetua-legalese-
napoles.html
 https://www.batasnatin.com/law-library/remedial-law/evidence/1092-weight-and-sufficiency-
of-evidence.html
 https://bataspinoy.wordpress.com/2012/01/25/the-quantum-of-evidence-required-in-
administrative-cases-is-substantial-evidence/
 http://barops.blogspot.com/2017/02/mens-rea.html
 http://cnnphilippines.com/news/2016/09/10/What-is-the-writ-of-habeas-corpus.html
 https://www.lawphil.net/courts/supreme/ac/ac_12_1994.html