Book 2 DOT

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DEFINITION OF TERMS ON CRIMINAL LAW BOOK 2 (CJURIS2):

1. AB INITIO – from the beginning

2. ABDUCTION - the taking away of a woman from her house or the placewhere she may be for the purpose of
carrying her to another placewith the intent to marry or to corrupt her.

3. ABET – The act of inducing another to commit a crime.

4. ABORTION - It is the unlawful destruction, or the bringing forth prematurely, of human fetus before the
natural time of birth which results in death.

5. ABORTION BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVE -punishes a pharmacist


who merely dispenses with an abortive without the properprescription of a physician. If pharmacist knew that
the abortive wouldbe used for abortion, she would be liable as an accomplice in the crimeof abortion.

6. ABROGATION – Annulment or destruction of another law

7. ABUSE OF CONFIDENCE – truest reposed by the offended party to the offender

8. ABUSE OF DISCRETION – Failure to render reasonable judgment

9. ACCIDENT- anything that occur outside the sway of man’s will

10. ACT OF GOD – inevitable event cause by nature

11. ACTS OF LASCIVIOUSNESS - Committed under circumstances w/c, had therebeen carnal knowledge,
would amount to rape. Offended party is afemale or male.

12. AD VERBATIM – word for word

13. ADHERENCE TO THE ENEMY – intellectual and emotional favoring of the enemy

14. ADHERENCE – intellectually or emotionally favors the enemy and harborssympathies or convictions disloyal
to his country’s policy or interest.

15. ADJECTIVE LAW – law on procedure and court organization

16. ADMINISTER – introducing drugs into the body

17. AFFRAY – unlawful fighting which terrifies others of firm character

18. AGENT OF PERSON IN AUTHORITY – any person who, by direct provision oflaw or by election or by
appointment by competent authority, is chargedwith the maintenance of public order and the protection and
securityof life and property.

19. AGGRESSION – destructive and injurious behavior

20. AID OR COMFORT – acts that strengthens the enemy

21. AID OR COMFORT – act w/c strengthens or tends to strengthen the enemyof the government in the conduct
of war against the government, or anact w/c weakens or tends to weaken the power of the government orthe
country to resist or to attack the enemies of the gov’t or country.

22. ALARMS AND SCANDAL - The essence of the crime is disturbance of publictranquility and public peace.
Any kind of disturbance of public orderwhere the circumstance at the time renders the act offensive to
thetranquility prevailing, the crime is committed.

23. ALIAS – name other than one’s own name

24. ALLEGIANCE – obligation of fidelity and obedience which individualsowe to the government under which
they live or to the sovereign, inreturn for protection they receive.

25. ASSASSINATION – killing of an individual by treacherous means

26. ASSAULT – physical attack

27. ATTACK – offensive movement or action of any kind

28. BAND – more than three persons acting together in the commission of a crime

29. BILL OF ATTAINDER – legislative act which inflicts punishment without trial

30. BRIGANDAGE – band of robbers committing robbery in highways


31. BUGGERY – connected with heresy and apostasy; it is a form of treason against the divine will

32. CERTIFICATE - any writing by which testimony is given that a fact hasor has not taken place.

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

34. CIVIL STATUS – one’s public station, right or duty

35. COHABIT – dwell together as husband and wife

36. COIN – piece of metal stamped with certain marks and made current at a certain value

37. COMBINATION IN RESTRAINT OF TRADE - is an agreement or understandingbetween two or more


persons in the form of a contract, trust, pool,holding company or other form of association, for the purpose
ofunduly restricting competition, monopolizing trade and commerce in acertain 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 monopolyrefers to the end.

38. CONDUCTOR – person who manages or carries on the gambling

39. CONSENTED ABDUCTION – abduction of virgin woman over 12 years old but under 18, carried out with her
consent and lewd design

40. CONSPIRACY - when two or more persons come to an agreement to risepublicly and take arms against
government for any of the purposes ofrebellion and decide to commit it.

41. COOPERATE – to desire or wish on a common thing

42. CORRESPONDENCE – communication by means of letters

43. CORRUPTION – act done with intent to give some advantage inconsistent with the rights of others and duties

44. COUNTERFEITING – imitation of a genuine or legal coin

45. COUP D' ETAT - Essence of the crime: Swift attack against the government,its military camps an
installations, etc. It may be committed singly orcollectively. Committed through force, violation, intimidation,
threat,strategy or stealth.

46. CRAFT – intellectual trickery and cunning of the accused

47. CULPABLE INSOLVENCY – disposal of merchandise of malice

48. CUSTOMS - refer to established usage, social conventions carried on bytradition and enforced by social
disapproval in case of violation.

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

50. DEFAMATION – public and malicious imputation of a crime

51. DEFORMITY – visible and conspicuous physical ugliness or abnormality

52. DELAY IN THE DELIVERY OF DETAINED PERSONS - Crime is committed byfailing to deliver such person
to the proper judicial authority withina certain period. Detention is for some legal ground.

53. DERELICTION OF DUTY - Committed only by public officers who have theduty 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.

54. DETENTION – act of confinement or restraint upon persons

55. DIRECT ASSAULT - The Public Authority or the Agent of the PublicAuthority must be engaged in the
performance of official duties orthat he is assaulted by reason thereof.

56. DIRECT BRIBERY - the officer agrees to perform or refrain from doingan act in  consideration of the gift or
promise.

57. DISCHARGE OF FIREARMS – felony committed by a person with no intent to kill or injure shall shoot at
another with any firearm

58. DISGUISED – resorting to any devices to conceal identity

59. DISSOLUTE – lax, unrestrained, immoral (includes maintainer of houseof prostitution).


60. DOCUMENT - any written statement by which a right is established oran obligation is extinguished.

61. DUEL - is a formal or regular combat previously consented to by twoparties in the presence of two or more
seconds of lawful age oneach side, who make the selection of arms and fix all the otherconditions 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

62. ENCUMBRANCE – every right or interest in the land

63. ESPIONAGE - is the offense of gathering, transmitting, or losinginformation respecting the national defense
with intent or reason tobelieve that the information is to be used to the injury of the Republicof the Philippines
or the advantage of a foreign nation.

64. ESTAFA – embezzlement

65. ESTAFA WITH ABUSE OF CONFIDENCE - Crime is committed by misappropriating,converting, or denying


having received money, goods or other personalproperty.

66. EUTHANASIA – mercy killing

67. EXEMPLARITY – criminal is punished to serve as an example to others

68. FALSE KEYS – genuine keys stolen from the owner, or other keys other than the intended key

69. FALSE TESTIMONY - committed by a person who, being under oath andrequired to testify as to the truth of a
certain matter at a hearingbefore a competent authority, shall deny the truth or saysomething contrary to it.

70. 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.

71. FORGERY - The essence of forgery is giving a document the appearanceof a true and genuine document.
Not any alteration of a letter, number,figure or design would amount to forgery. At most, it would only
befrustrated forgery.

72. FORMAL CRIMES – unlawful acts consummated in one instant

73. FRAUD – intentional perversion of the truth

74. GRAVE COERCION – violence or intimidation preventing another from doing something not prohibited by law

75. GRAVE COERCION - If a woman is carried away just to break her will, to compel her to agree to the demand
or request by theoffender.

76. GRAVE SCANDAL - consists of acts which are offensive to decency andgood customs. They are committed
publicly and thus, give rise topublic scandal to persons who have accidentally witnessed the acts.

77. HI-JACKING – illegal seizure and diversion of any vehicle

78. IDEOLOGY – belief system promulgated by a group

79. IGNOMINY – adding disgrace and suffering to the material injury caused by the crime

80. ILLEGAL DETENTION - Committed by a Committed by private individualpublic officer or who unlawfully
employee who deprives a persondetains a person of his liberty.

81. ILLEGAL EXACTIONS - This can only be committed principallyby a public officer whose official duty is to
collect taxes, licensefees, import duties and other dues payable to the government.Mere demand of a larger
or different amount is sufficient to consummate
the crime.

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

83. ILLEGAL USE OF UNIFORMS AND INSIGNIA – public and improper use of insignia of an office where he or
she is not a member

84. IMPOTENT –one’s inability to copulate

85. IMPRUDENCE - Failure in precaution.

86. IMPUTABILITY– implies that a deed may be ascribed to a person as its owner or author
87. IN FLIGHT – From the moment all exterior doors are closed followingembarkation until the same doors are
again opened for disembarkation.

88. INCEST – intercourse between a man and a woman related to each other within the degree where marriage
is prohibited

89. INCITING TO WAR – provoking or giving occasion for a war to involve the Philippines

90. INCRIMINATING INNOCENT PERSON - act of planting evidence and the likein order to incriminate an
innocent person.

91. INDECENT EXPOSURE – obscene and lewdly revealing or divulging any private organ in public areas

92. INDIRECT BRIBERY - it is not necessary that the officer do anyact. It is sufficient that he accepts the gift
offered byreason of his office.

93. INDUCING A MINOR TO ABANDON HIS HOME - What constitutes the crime isthe act of inducing a minor to
abandon his home of his guardian, andit is not necessary that the minor actually abandons the home.

94. 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.

95. INSTIGATION – persuading the would be offender into committing the offense and would arrest the latter
thereafter.

96. INSURRECTION – preventing the exercise of a governmental authority

97. INSURRECTION - more commonly employed in reference to a movement whichseeks merely to effect some
change of minor importance, or to preventthe exercise of governmental authority with respect to
particularmatters or subjects.

98. INTERLOCUTORY ORDER - one issued by the court deciding a collateralor incidental matter; it is not a final
determination of the issuesof the action or proceeding.

99. INTERRUPTION OF RELIGIOUS WORSHIP – crime when a public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any religion

100. INTRIGUING AGAINST HONOR - is referred to as gossiping: the offender,without ascertaining the truth
of a defamatory utterance, repeats thesame and passes it on to another, to the damage of the offended party.

101. LEVIES WAR – actual assembly of man for executing a treason design by force

102. LEWD DESIGN – lascivious acts

103. LIBEL – public and malicious imputation of a vice, crime or defect which tends to dishonor a dead person

104. LIGHT COERCION – unlawful act of seizing anything belonging to his debtor as payment

105. LIGHT THREAT – intimidating another with the infliction upon honor, person or property or family of any
wrong not constituting a crime

106. MALFEASANCE - Doing of an act which a public officer should nothave done.

107. MALPRACTICE - improper or unethical conduct by the holder of a professional or official position.

108. MALVERSATION - is otherwise called embezzlement. Crime is committedby approaching, taking, or


misappropriating/consenting, or throughabandonment or negligence, permitting any other person to take
thepublic funds/property.

109. MANIFESTLY UNJUST JUDGMENT – manifestly contrary to law that even aperson having meager
knowledge of law cannot doubt the injustice; notabuse of discretion or mere error of judgment.

110. MASS MURDER - a murder incident in which several victims are killed simultaneously or within a
relatively short period of time in the same general area

111. MEDICAL MALPRACTICE - which is a form of negligence, consists in thefailure of a physician or


surgeon to apply to his practice of medicinethat degree of care and skill which is ordinarily employed by
theprofession generally, under similar conditions, and in like surroundingcircumstances.

112. MENSREA– guilty mind

113. MINOR COINS – coins below 10 centavo denomination

114. MISFEASANCE - Improper doing of an act which a person might lawfully do.
115. MISPRISION OF TREASON. — Every person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does
not disclose and make known the same, as soon as possible

116. MONOPOLY - is a privilege or peculiar advantage vested in one or morepersons or companies,


consisting in the exclusive right or power tocarry on a particular business or trade, manufacture a
particulararticle, 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 fewfirms dominate the total sales of a
product or service.

117. MOOT - is one not subject to a judicial determination because it involves an abstract question or a
pretended controversy that has not yet actually arisen or has already passed.

118. MOTION - an application for a rule or order, made to a court or judge. An application to the court
requesting an order or a rule in favor of the applicant.

119. MUTILATION – act of loping or clipping off of parts of the body

120. MUTINY - the unlawful resistance to a superior, or the raising ofcommotions and disturbances on board a
ship against the authority ofits commander.

121. NEGLIGENCE - Failure in advertence.

122. NEUTRALITY – nation which takes no part in a contest of arms between others

123. NIGHT TIME – period of darkness, dusk to dawn

124. NONFEASANCE - Failure of an agent to perform his undertaking forthe principal.

125. OATH – attestation of a person signifying conscience to perform an act truthfully and faithfully

126. OBJECTION - the process by which one party takes exception to some statement or procedure. An
objection is either sustained or overruled by the judge. If the judge overrules the objection, the witness may
answer the question. If the judge sustain the objection, the witness may not answer the question.

127. OBJECTIVE PHASE – portion of acts of the offender, where he has no more control over the same

128. OF AGE – full age, as one reaches majority age

129. OPEN DISOBEDIENCE – officer openly refuse to execute the judgment, decision or order of a superior

130. OPINION - conclusion reported by a witness who qualified as an expert on a given subject.

131. ORDER - any written directive of a court or judge other than a judgment.

132. ORDER TO SHOW CAUSE - order to appear in court and present reasons why a particular order should
not be executed.

133. OUTCRY – act of shouting subversive or provocative words tending to stir up the people to obtain by
means of violence any of the objects of sedition.

134. PARRICIDE – unlawful killing of a mother, mother or child

135. PERJURY BY MAKING FALSE ACCUSATIONS - giving of false statement underoath or making a false
affidavit, imputing to the person the commissionof a crime.

136. PERSON IN AUTHORITY – any person directly vested with jurisdiction,whether as an individual or as a
member of some court or governmentalcorporation, board or commission.

137. PHYSICAL EVIDENCE - any tangible article that tends to prove or disprove a point in question.

138. PHYSICAL TORTURE -- a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body

139. PIRACY - it is robbery or forcible depredation on the high seas, withoutlawful authority and done with
animofurandi and in the spirit andintention of universal hostility.

140. PLAIN VIEW - an exception to the requirement for a search warrant, when there is an evidence of a crime
in plain view by a person who sees it lawfully.

141. PLAINTIFF - the complaining party in litigation.

142. PLEA - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or
not guilty. The defendant's answer to the charges made in the information.
143. POLITICAL CRIMES – are those directly aimed against the political order,as well as such common
crimes as may be committed to achieve a politicalpurpose. The decisive factor is the intent or motive.

144. PREVARICACION - means the negligence and tolerance in the prosecutionof an offense.

145. PROPOSAL – act of a person who has decided to commit a crime and proposes its execution to other
people

146. PROPOSAL - when the person who has decided to rise publicly and takearms against the government for
any of the purposes of rebellionproposes its execution to some other person or persons.

147. PROSTITUTES - women who habitually (not just 1 man) indulge in sexualintercourse or lascivious
conduct for money or profit (If a manindulges in the same conduct, the crime committed is vagrancy.)

148. PROVOCATION – any unjust act of the offended party, capable of irritating, exciting or enticing another
person

149. PUBLIC AUTHORITY – person who is directly vested with authority

150. QUALIFIED PIRACY – when offender seized the vessel by boarding or firing upon the same; or they
abandoned the victims without means of escape and or when there is murder, homicide, physical injuries or
rape.

151. QUALIFIED SEDUCTION – seduction of a virgin over 12 but under 18 years old by a person entrusted
with the custody, education or any person in public authority.

152. QUALIFIED THEFT – when committed by a domestic servant or with grave abuse of authority

153. QUALIFIED TRESPASS TO DWELLING – offender is a private person entering dwelling of another and
that such entrance is against his will

154. QUASI-RECIDIVISM – committing a felony after having been convicted by final judgment.

155. RANK – high social position as a grade in the armed forces

156. RAPE - sexual intercourse between a man and a woman without the women's consent.

157. REASONABLE DOUBT - doubt that arises from evidence or lack thereof and would be entertained by a
reasonable or prudent person.

158. REASONABLE SUSPICION - a term referring to police officer's justification for stopping and frisking a
person.A mere hunch is not a reasonable suspicion.

159. REBELLION - more frequently used where the object of the movement iscompletely to overthrow and
supersede the existing government.

160. REBUTTAL - the presentation of evidence to counter or disprove facts previously introduced by the
adverse party.

161. RECESS - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of
the trial. If there is going to be a substantial delay, it is called continuance. A temporary dismissal is called
sine die.

162. RECORD - document that furnishes objective evidence of activities performed or results achieved.

163. REFUSAL OF ASSISTANCE – public officer who, upon demand from competent authority, shall fail to
tend his cooperation towards the administration of justice.

164. REPARATION – replace or repair of an object or any item damaged in the commission of a crime

165. RESPONSIBILITY – taking consequence of such deed or obligation

166. REST - a party is said o have rest its case when it has presented all of the evidence in intends to offer.

167. ROBBERY - felonious taking of another's property from his person or immediate presence and against
his will by means of force or fear.

168. REVEALING SECRETS WITH ABUSE OF OFFICE - Essence of this crime isthat the offender learned of
the secret in the course of his employment.He is enjoying a confidential relation with the employer or
masterso he should respect the privacy of matters personal to the latter.

169. RUFFIANS – brutal, violent, lawless.


170. SCANDAL – any reprehensible word or deed that offend public conscience.

171. SCURRILOUS – vulgar, low, foul or mean

172. SEDITION - It is the raising of commotions or disturbances in the State.It is sufficient that the public
uprising be tumultuous. The purposemay be political or social.

173. SEDUCTION - enticing a woman to unlawful sexual intercourse by promiseof marriage or other means of
persuasion without use of force. Itapplies when there is abuse of authority (qualified seduction) ordeceit
(simple seduction).

174. SERIOUS ILLEGAL DETENTION - If a woman is transported just to restrain her of her liberty. There is
no lewd design or lewd intent.

175. SERVICE MARK – is a mark used in the sale or advertising of services to identify the services of one
person and distinguish them from theservices of others and includes without limitation the marks,
names,symbols, titles, designations, slogans, character names, and distinctivefeatures of radio or other
advertising.

176. SIMPLE SEDUCTION – seduction of a single, widow or woman

177. SLANDER BY DEED – offense against honor which is committed by performing any act which causes
discredit

178. SLAVERY - This is committed if anyone shall purchase, kidnap, ordetain a human being for the purpose
of enslaving him.

179. SOMNAMBULISM – Sleep walking

180. SPECIAL COMPLEX CRIME OF KIDNAPPING WITH MURDER -  When the victimdies or is killed as a
consequence of the detention.

181. SUBJECTIVE PHASE – portion of the execution of the crime where the offender has control.

182. SUICIDE – deliberate termination of one’s own life.

183. SWINDLING – acquisition of personal property or instrument of writing conveying or securing a valuable
right by means of false pretense

184. SYNDICATED ESTAFA – syndicate of five or more persons with the intent to carry out an unlawful
misappropriation of money.

185. TORT – injury or civil wrong which includes breach of contract for which the court provides remedies in
the form of an action for remedies.

186. TRADE NAME – designation or name distinguishing an enterprise

187. TRADE-MARK – is a word or words, name, title, symbol,emblem, sign or device, or any combination
thereof used as anadvertisement, sign, label, poster, or otherwise, for the purpose ofenabling the public to
distinguish the business of the person whoowns and uses said trade-name or trade-mark.

188. TREASON – breach of allegiance to the government by a person who owesallegiance to it. The levying of
war against the government wouldconstitute treason when performed to aid the enemy.

189. TUMULTUOUS - caused by more than 3 persons who are armed or provided withmeans of violence.

190. UNFAIR COMPETITION -  consists in employing deception or any other meanscontrary to good faith by
which any person shall pass off the goodsmanufactured by him or in which he deals, or his business, or
servicesfor those of the one having established goodwill, or committing any actscalculated to produce such
result.

191. UNINTENTIONAL ABORTION - requires physical violence inflicted deliberatelyand voluntarily by a third
person upon the pregnant woman. If the pregnantwoman aborted because of intimidation, the crime
committed is notunintentional abortion because there is no violence; the crime committedis light threats.

192. UNJUST VEXATION – an act without violence but which unjustifiably annoys or vexes an innocent
person.

193. UNLAWFUL ARREST - This felony consists in making an arrest or detentionwithout legal or reasonable
ground for the purpose of delivering theoffended party to the proper authorities.

194. VAGRANTS -  Those who have no apparent means of subsistence and who havethe physical ability to
work yet neglect to apply themselves to someuseful calling.
195. VALIDATION - confirmation by examination and provision of objective evidence that the particular
requirements for a specific intended use are fulfilled.

196. VENUE - synonymous with the place of trial.

197. WANTON - characterized by reckless disregard of consequences and the safety and welfare of others.

198. WARRANT - a court order authorizing law enforcement officers to make an arrest or conduct a search.

199. WARRANT OF ARREST - an order issued by a judge for the arrest of a person.

200. WRIT - a mandatory precept issued by an authority in the name of the sovereign or the state for the
purpose of compelling a person to do something.

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