Criminal Law Book 2

Reviewer

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 the 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 forms 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, and 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 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 passes 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.