CRIMINAL LAW DEFINITION OF TERMS designed to secure a more orderly

regulation of the affairs of society. The

1. CRIMINAL LAW- is that branch or term mala prohibita refers generally to acts
division of law which defines crimes, treats made criminal by special laws.
of their nature, and provides for their 14. INTENT- intent is the purpose to use a
punishment. particular means to effect such result.
2. CRIME- crime is defined as an act 15. MOTIVE- motive is the moving power
committed or omitted in violation of public which impels one to action for a definite
law forbidding or commanding it. result.
3. GENERAL (characteristic of criminal 16. CONSUMMATED FELONY- a felony is
law) – general, in that criminal law is consummated when all the elements
binding on all persons who live or sojourn necessary for its execution and
in Philippine territory. accomplishment are present.
4. TERRITORIAL (characteristic of criminal 17. FRUSTRATED FELONY- when the
law) - in that criminal law undertakes to offender performs all the acts of execution
punish crimes committee within Philippine which would produce the felony as a
territory. consequence but which nevertheless, do
5. PROSPECTIVE-(characteristic of not produce it by reason of causes
criminal law)- in that a penal law cannot independent of the will of the perpetrator.
make an act punishable in a manner in 18. ATTEMPTED FELONY- when the
which it was not punishable when offender commences the commission of a
committed. felony directly by overt acts, and does not
6. FRENCH RULE- such crimes are not perform all the acts of execution which
triable in courts of that country, unless their should produce the felony by reason of
commission affects the peace and security some cause or accident other than his own
of the territory or the safety of the state is spontaneous desistance.
endangered. 19. OVERT ACTS- an overt act is some
7. ENGLISH RULE-such crimes are triable physical activity or deed, indicating the
in that country, unless they merely affect intention to commit a particular crime, more
things within the vessel or they refer to the than a mere planning or preparation, which
internal management thereof. if carried to its complete termination
8. FELONIES- felonies are acts and following its natural course, without being
omissions punishable by the revised penal frustrated by external obstacles nor by the
code. voluntary desistance of the perpetrator, will
9. ACT- any bodily movement tending to logically and necessarily ripen into a
produce some effect in the external world. concrete offense.
10. OMISSION- is meant inaction, the 20. INDETERMINATE OFFENSE- one
failure to perform a positive duty which one where purpose of offender in the
is bound to do. performing an act is not certain. Its nature
11. MISTAKE OF FACT- is a in relation to its objective is ambiguous.
misapprehension of fact on the part of the 21. CONSPIRACY- conspiracy exists when
person who caused injury to another. two or more persons come to an
12. MALA IN SE- wrongful from their agreement concerning the commission of a
nature, those so serious in their effects on felony and decide to commit it.
society as to call for the almost unanimous 22. PROPOSAL- there is a proposal when
condemnation of its members and defined the person who has decided to commit a
and penalized by the Revised Penal Code. felony proposes its execution to some
13. MALA PROHIBITA- wrong merely other person or persons.
because prohibited by statute, are 23. IMPUTABILITY- is the quality by which
violations of mere rules of convenience an act may be ascribed to a person as its
author or owner. It implies that the act 34. SPECIFIC (kind of aggravating
committed has been freely and consciously circumstances) - those that apply only to
done and may, therefore, be put down to particular crime.
the doer as his very own. 35. QUALIFYING (kind of aggravating
24. RESPONSIBILITY- is the obligation of circumstances) - those that change the
suffering the consequences of crime. It is nature of the crime.
the obligation of taking the penal and civil 36. INHERENT (kind of aggravating
consequences of the crime. circumstances) - those that must of
25. GUILT- guilt is an element of necessity accompany the commission of
responsibility, for a man cannot be made to the crime.
answer for the consequences of a crime 37. ALTERNATIVE CIRCUMSTANCES-
unless he is guilty. aggravating or mitigating according to the
26. GRAVE FELONIES- are those to which nature and effect of the crime and other
the law attaches the capital punishment or conditions attending its commission.
penalties which in any of their periods are 38. INSTIGATION- public officer or private
afflictive. detective induces an innocent person to
27. LESS GRAVE FELONIES- are those commit a crime and would arrest him upon
which the law punishes with penalties or after the commission of the crime by
which in their maximum period are him.
correctional. 39. ENTRAPMENT- a person has planned
28. LIGHT FELONIES- are those or is about to commit crime and ways and
infractions of law for the commission of means are resorted to by a public officer to
which the penalty of arresto menor or a trap and catch the criminal; not a defense.
fine not exceeding 200 pesos, is provided. 40. ACCIDENT- any happening beyond
29. JUSTIFYING CIRCUMSTANCES- are control of persons, consequences of which
those where the act of a person is said to are not foreseeable.
be in accordance with law, so that such 41. TREACHERY- when the offender
person is deemed not to have commits any of the crime against the
transgressed the law and is free from both person , employing means, methods or
criminal and civil liability. forms in the execution thereof which tend
30. EXEMPTING CICUMSTANCES (non- directly and specially to insure its
imputability) - are those grounds for execution, without risk to himself arising
exemption from punishment because there from the defense which the offended party
is wanting in the agent of the crime any of might make.
the conditions which make the act 42. IGNOMINY- moral suffering
voluntary, or negligent. 43. CRUELTY- deliberate intention to
31. MITIGATING CIRCUMSTANCES- prolong physical suffering of the victim.
those which, if present in the commission 44. HABITUAL DELINQUENCY- within 10
of the crime, do not entirely free the actor years from last release or last conviction of
from criminal liability but only serve to the crime of falsification, robbery, estafa,
reduce the penalty. theft, serious or less serious physical
32. AGGRAVATING CIRCUMSTANCES- injuries, the offender is found guilty of any
are those which, if attendant in the of said crimes a third time or oftener.
commission of the crime, serve to increase 45. RECIDIVISM- when the time of trial for
the penalty without, however, exceeding one crime, shall have been previously
the maximum of the penalty provided by convicted by final judgment of another
law for the offense. crime embraced in the same title of the
33. GENERIC (kind of aggravating revised penal code.
circumstances) - those that can generally 46. QUASI-RECIDIVISM- commits a felony
apply to all crimes. after having been convicted by final
judgment, before beginning to serve such, or apprehension of an immediate battery
or while serving the same, shall be by means of an act amounting to an
punished by maximum period of penalty attempt or threat to commit a battery.
prescribed by law for new felony. 59. ACQUITTAL- a jury verdict that a
47. REITARACION or HABITUALITY- criminal defendant is not guilty or the
accused is on trial for an offense, he has finding of a judge that the evidence is
previously serves sentence for another insufficient to support a conviction.
offense to which the law attaches an equal 60. BATTERY- the application of force to
or greater penalty, or for two or more another, resulting in harmful or offensive
crimes to which it attaches lighter penalty contact.
than that for the new offense and that he is 61. BRIBERY- The corrupt payment,
convicted of the new offense. receipt, or solicitation of a private favor for
48. OFFENSE- is an act or omission that is official action.
punishable by special laws such as 62. COUNTERFEITING- the forging,
Republic Acts, Presidential Decrees, copying, or imitating of something (usually
Executive Orders, Memorandum Circulars, money) without a right to do so and with
Ordinances and Rules and Regulations. the purpose of deceiving or defrauding.
49. PENALTY- penalty is the suffering that 63. TREASON- is a breach of allegiance to
is inflicted by the State for the a government committed by a person who
transgression of a law. owes allegiance to it.
50. COMPLEX CRIMES- when a single act 64. ALLEGIANCE- is meant the obligation
constitutes two or more grave or less, of fidelity and obedience which the
grave felonies, or when an offense is a individuals owe to the government under
necessary means for committing the other, which they live or to their sovereign, in
the penalty for the most serious crime shall return for the protection they receive.
be imposed. 65. NEUTRALITY- a nation or power which
51. CONTINUED CRIME- a continued takes no part in a contest of arms going on
crime is a single crime, consisting of a between others is referred to as neutral.
series of acts but all arising from one 66. CORRESPONDENCE- is
criminal resolution. communication by means of letters, or it
52. ABERRATIO ICTUS- mistake in the may refer to the letters which pass
blow between those who have friendly or
53. ERROR IN PERSONAE-mistake in the business relations.
identity of the victim 67. DOCUMENT- is any written statement
54. PRAETER INTENTIONEM- the by which a right is established or an
injurious result is greater than that obligation extinguished. A document is a
intended. writing or instrument by which a fact may
55. RESTITUTION-in theft, the culprit is be proven and affirned.
duty bound to return the property stolen. 68. PIRACY-it is robbery or forcible
56. REPARATION- in case of inability to depredation on the high seas, without
return the property stolen, the culprit must lawful authority and done with animo
pay the value of the property stolen. furandi and in the spirit and intention of
57. APPEAL- a request to a higher universal hostility.
(appellate) court for that court to review 69. MUTINY- it is the unlawful resistance to
and change the decision of a lower court a superior officer, or the raising of
58. ASSAULT- a threat or use of force on commotions and disturbances on board a
another that causes that person to have a ship against the authority of its
reasonable apprehension of imminent commander.
harmful or offensive contact; the act of 70. PROBABLE CAUSE- probable cause
putting another person in reasonable fear can be defined as such facts and
circumstances which would lead a involve the Philippine Islands or exposes
reasonable discreet and prudent man to Filipino citizens to reprisals on their
believe that an offense has been persons or property.
committed and that the object sought in 77. VIOLATION OF NEUTRALITY — The
connection with the offense are in the penalty of prision correccional shall be
place sought to searched. inflicted upon anyone who, on the occasion
71. SEARCH WARRANT- is an order in of a war in which the Government is not
writing issued in the name of the People of involved, violates any regulation issued by
the Philippines signed by a judge and competent authority for the purpose of
directed to a peace officer, commanding enforcing neutrality.
him to search for personal property 78. FLIGHT TO ENEMY’S COUNTRY. —
described therein and bring it before the The penalty of arresto mayor shall be
court. inflicted upon any person who, owing
72. MISPRISION OF TREASON- every allegiance to the Government, attempts to
person owing allegiance to the government flee or go to an enemy country when
of the Philippine Islands, without being a prohibited by competent authority.
foreigner, and having knowledge of any 79. PIRACY IN GENERAL AND MUTINY
conspiracy against them, conceals or does ON THE HIGH SEAS — The penalty of
not disclose and make known the same, as reclusion temporal shall be inflicted upon
soon as possible to the governor or fiscal any person who, on the high seas, shall
of the province, or the mayor or the fiscal attack or seize a vessel or, not being a
of the city in which he resides. member of its complement nor a
73. SEDITION- in its general sense, is the passenger, shall seize the whole or part of
raising of commotions or disturbances in the cargo of said vessel, its equipment, or
the State. personal belongings of its complement or
74. CHARIVARI-the term charivari includes passengers
a medley of discordant voices, a mock 80. EXPULSION — The penalty of prision
serenade of discordant noises made on correccional shall be imposed upon any
kettles, tins horns, etc.., designed to annoy public officer or employee who, not being
and insult. thereunto authorized by law, shall expel
75. . ESPIONAGE- Without authority any person from the Philippine Islands or
therefor, enters a warship, fort, or naval or shall compel such person to change his
military establishment or reservation to residence.
obtain any information, plans, photographs, 81. VIOLATION OF DOMICILE. — The
or other data of a confidential nature penalty of prision correccional in its
relative to the defense of the Philippine minimum period shall be imposed upon
Archipelago; or (2) Being in possession, by any public officer or employee who, not
reason of the public office he holds, of the being authorized by judicial order, shall
articles, data, or information referred to in enter any dwelling against the will of the
the preceding paragraph, discloses their owner thereof, search papers or other
contents to a representative of a foreign effects found therein without the previous
nation. consent of such owner, or having
76. INCITING TO WAR OR GIVING surreptitiously entered said dwelling, and
MOTIVES FOR REPRISALS. — The being required to leave the premises, shall
penalty of reclusion temporal shall be refuse to do so.
imposed upon any public officer or 82. DWELLING- means any building or
employee, and that of prision mayor upon structure exclusively devoted for rest and
any private individual, who, by unlawful or comfort as distinguished from places
unauthorized acts provokes or gives devoted to business, offices, etc..,
occasion for a war involving or liable to
83. INHABITED HOUSE- is any shelter, persons or transportation of goods,
ship or vessel constituting the dwelling of articles, or property or both.
one or more persons even though the 93. THEFT- theft is committed by any
inhabitants thereof are temporarily. person who, with intent to gain but without
84. PUBLIC BUILDING-is every building violence against or intimidation of persons
owned by the government or belonging to nor force upon things, shall take personal
a private person but used or rented by the property of another without the latter’s
government, although temporarily consent.
unoccupied by the same. 94. FENCING- is the act of any person
85. PREMISES- premises signifies distinct who, with intent to gain for himself or for
and definite locality. It may mean a room, another, shall buy, receive, possess, keep,
shop, building or definite area, but in either acquire, conceal, sell or dispose of, or shall
case, locality is fixed. buy and sell, or in any other manner deal in
86. GRAVE THREATS- any person who any article, item, object or anything of
shall threaten another with the infliction value which he knows, or should be known
upon the person, honor, or property of the to him, to have been derived from the
latter or of his family of any wrong proceeds of the crime of robbery or theft.
amounting to a crime. 95. ENCUMBRANCE- the term
87. UNJUST VEXATION- unjust vexation incumbrance includes every right or
includes any human conduct which, interest in the land which exists in favour of
although not productive of some physical third persons.
or material harm would, however, unjustly 96. MALICIOUS MISCHIEF- malicious
annoy or vex an innocent person. mischief is the wilful damaging of another’s
88. SEIZE- it means to place in the control property for the sake of causing damage
of someone a thing or to give him the due to hate, revenge or other evil motive.
possession thereof. 97. ADULTERY- adultery is committed by
89. ROBBERY- is the taking of personal any married woman who shall have sexual
property belonging to another, with intent intercourse with a man not her husband
to gain, by means of violence against, or and by the man who has carnal knowledge
intimidation of any person, or using force of her, knowing her to be married, even if
upon things. the marriage be subsequently declared
90. FALSE KEYS- are genuine keys stolen void.
from the owner or any keys other than 98. LEWD- lewd is designed as obscene,
those intended by the owner for use in the lustful, indecent, and lecherous. It signifies
lock forcibly opened by the offender. the form of immorality which has relation to
91. BRIGANDAGE- is a crime committed moral impurity; or that which is carried on a
by more than three armed persons who wanton manner.
form a band of robbers for the purpose of 99. CONCUBINAGE- any husband who
committing robbery in the highway or shall keep a mistress in the conjugal
kidnapping persons for the purpose of dwelling, or, shall have sexual intercourse,
extortion or to obtain ransom, or for any under scandalous circumstances, with a
other purpose to be attained by means of woman who is not his wife, or shall cohabit
force and violence. with her in any other place.
92. PHILIPPINE HIGHWAY- it shall refer to 100. COHABIT- the term cohabit means to
any road, street, passage, highway and dwell together, in the manner of husband
bridges or other parts thereof, or railway or and wife, for some period of time, as
railroad within the Philippines used by distinguished from occasional, transient
persons, or vehicles, or locomotives or interviews for unlawful intercourse.
trains for the movement or circulation of 101. SEDUCTION- seduction means
enticing a woman to unlawful sexual
intercourse by promise of marriage or other 112. DEFORMITY- is meant physical
means of persuasion without use of force. ugliness, permanent and definite
102. ABDUCTION- is meant the taking abnormality. It must be conspicuous ad
away of a woman from her house or the visible.
place where she may be for the purpose of 113. ARREST- A restraint on person,
carrying her to another place with intent to depriving one of his own will and liberty,
marry or to corrupt her. binding him to become obedient to the will
103. BIGAMY- any person who shall of the law
contract a second or subsequent marriage 114. PROOF- It refers to the accumulation
before the former marriage has been of evidence sufficient to persuade the trial
legally dissolved, or before the former court.
marriage has been legally dissolved, or 115. QUANTUM OF EVIDENCE– the
before the absent spouse has been totality of evidence presented for
declared presumptively dead by means of consideration
a judgment rendered in the proper 116. QUANTUM OF PROOF – refers to
proceedings. the degree of proof required in order to
104. LIBEL- is a defamation committed by arrive at a conclusion.
means of writing, printing, lithography, 117. BURDEN OF EVIDENCE – the duty
radio, phonograph, painting or theatrical or of a party of going forward with evidence.
cinematographic exhibition, or any similar 118. BURDEN OF PROOF – the duty of
means. the affirmative to prove that which it
105. SLANDER- slander is oral alleges.
defamation, it is libel committed by oral 119. COLLATER MATTERS – matters
(spoken) means, instead of in writing. The other than the fact in issue and which are
term oral defamation or slander as now offered as a basis for inference as to the
understood, has been defined as the existence or non-existence of the facts in
speaking of base and defamatory words issue.
which tend to prejudice another in his 120. PROBATIVE VALUE – It is the
reputation, office, trade, business or means tendency of the evidence to establish the
of livelihood. proposition that it is offered to prove.
106. MISFEASANCE- is the improper 121. ANTECEDENT CIRCUMTANCES –
performance of some act which might facts existing before the commission of the
lawfully be done crime [i.e. hatred, bad moral character of
107. MALFEASANCE- is the performance the offender, previous plan, conspiracy,
of some act which ought not to be done. etc.]
108. NONFEASANCE-is the omission of 122. CONCOMITANT CIRCUMTANCES –
some act which ought to be performed. facts existing during the commission of the
109. INFANTICIDE- the killing of any child crime [i.e. opportunity, presence of the
less than three days of age, whether the accused at the scene of the crime, etc.]
killer is the parent or grandparent, any 123. SUBSEQUENT CIRCUMTANCES –
other relative of the child, or a stranger. facts existing after the commission of the
110. DUEL- it is a formal or regular combat crime [i.e. flight, extrajudicial admission to
previously concerted between two parties third party, attempt to conceal effects of the
in the presence of two or more seconds of crime, possession of stolen property, etc.]
lawful age on each side, who make the 124. CONFESSION – an
selection of arms and fix all the other acknowledgement of guilt.
conditions of the fight. 125. ADMISSION – an acknowledgment of
111. MUTILATION- means the lopping or facts
the clipping off of some part of the body.
126. RELEVANT EVIDENCE – evidence 142. DEMEANOR EVIDENCE – the
having any value in reason as tending to behavior of a witness on the witness stand
prove any matter provable in an action. during trial to be considered by the judge
127. MATERIAL EVIDENCE – evidence is on the issue of credibility.
material when it is directed to prove a fact 143. DEMONSTRATIVE EVIDENCE –
in issue as determined by the rules of evidence that has tangible and
substantive law and pleadings. exemplifying purpose.
128. COMPETENT EVIDENCE – not 144. HEARSAY EVIDENCE – oral
excluded by law. testimony or documentary evidence which
129. DIRECT EVIDENCE – proves the fact does not derive its value solely from the
in issue without aid of inference or credit to be attached to the witness himself.
presumptions. 145. TESTIMONIAL EVIDENCE – oral
130. CIRCUMSTANTIAL EVIDENCE - the averments given in open court by the
proof of fact or facts from which, taken witness.
either singly or collectively, the existence of 146. OBJECT/AUOTOPTIC
a particular fact in dispute may be inferred PROFERRENCE/REAL EVIDENCE –
as necessary or probable consequence. those addressed to the senses of the court
131. POSITIVE EVIDENCE– evidence (sight, hearing, smell, touch, taste).
which affirms a fact in issue 147. DOCUMENTARY EVIDENCE – those
132. NEGATIVE EVIDENCE- evidence consisting of writing or any material
which denies the existence of a fact in containing letters, words, numbers, figures,
issue. symbols or other modes of written
133. REBUTTING EVIDENCE – given to expression offered as proof of its contents.
repel, counter act or disprove facts given in 148. BURDEN OF PROOF– the duty of a
evidence by the other party. party to present evidence on the facts in
134. PRIMARY/BEST EVIDENCE – that issue necessary to establish his claim or
which the law regards as affording the defense by the amount of evidence
greatest certainty. required by law.
135. SECONDARY EVIDENCE – that 149. PRESUMPTION – an inference as to
which indicates the existence of a more the existence of a fact not actually known,
original source of information. arising from its usual connection with
136. EXPERT EVIDENCE – the testimony another which is known or a conjecture
of one possessing knowledge not usually based on past experience as to what
acquired by other persons. course human affairs ordinarily take.
137. PRIMA FACIE EVIDENCE – evidence 150. CONCLUSIVE PRESUMPTIONS
which can stand alone to support a [jure et de jure] – based on rules of
conviction unless rebutted. substantive law which cannot be overcome
138. CONCLUSIVE EVIDENCE – by evidence to the contrary.
incontrovertible evidence 151. DISPUTABLE PRESUMPTIONS –
139. CUMULATIVE EVIDENCE – based on procedural rules and may be
additional evidence of the same kind overcome by evidence to the contrary.
bearing on the same point. 152. ESTOPPEL BY RECORD OR
140. CORROBORATIVE EVIDENCE – JUDGEMENT – the preclusion to deny the
additional evidence of a different kind and truth of matters set forth in a record,
character tending to prove the same point whether judicial or legislative, and also
as that of previously offered evidence. deny the facts adjudicated by a court of
141. CHARACTER EVIDENCE – evidence competent jurisdiction
of a person’s moral standing or personality 153. ESTOPPEL BY DEED– a bar which
traits in a community based on reputation precludes a party to a deed and his privies
or opinion. from asserting as against the other and his
privies any right or title in derogation of the 166. CUMULATIVE QUESTION – a
deed or denying the truth of any material question which has already been asked
fact asserted in it and answered.
154. ESTOPPEL IN PAIS – based upon 167. CRIMINAL PROCEDURE - It is a
express representation or statements or generic term used to describe the network
upon positive acts or conduct. of laws and rules which govern the
155. ESTOPPEL AGAINST TENANT – the procedural administration of criminal
tenant is not permitted to deny the title of justice.
his landlord at the time of the 168. CRIMINAL JURISPRUDENCE - The
commencement of the relation of landlord authority to hear and decide a particular
and tenant between them. offense and impose punishment for it.
156. DIRECT EXAMINATION– the 169. SUBJECT MATTER – cases of the
examination in chief of a witness by the general class where the proceedings in
party presenting him on the facts relevant question belong as determined by the
to the issue. nature of the offense and the penalty
157. CROSS EXAMINATION – the imposed by law.
examination by the adverse party of the 170. TERRITORY – the geographical limits
witness as to any matter stated in the of the territory over which the court
direct examination, or connected therewith, presides and where the offense was
with sufficient fullness and freedom from committed.
interest or bias, or the reverse, and to elicit 171. PRELIMINARY INVESTIGATION – It
all important facts bearing upon the issue. is an inquiry or proceeding to determine
158. RE-DIRECT EXAMINATION – second whether there is sufficient ground to
questioning by the proponent to explain or engender a well-founded belief that a crime
supplement answers given in the cross has been committed and the respondent is
examination probably guilty thereof, and should be held
159. RE-CROSS EXAMINATION – second for trial.
questioning by the adverse party on 172. ARREST- The taking of a person in
matters stated on the re-direct and also on custody in order that he may be bound to
such matters as may be allowed by court. answer for the commission of an offense.
160. LEADING QUESTION –It is one 173. HOT PURSUIT ARREST – when an
where the answer is already supplied by offense has just been committed and he
the examiner into the mouth of the witness. has probable cause to believe based on
161. MISLEADING QUESTION – a personal knowledge of facts or
question which cannot be answered circumstances that the person arrested has
without making an unintended admission. committed it.
162. COMPOUND QUESTION –a question 174. BAIL - The security given for the
which calls for a single answer to more release of a person in custody of the law,
than one question. furnished by him or a bondsman, to
163. ARGRUMENTATIVE QUESTION – a guarantee his appearance before any court
type of leading question which reflects the as required under the conditions of law.
examiners interpretation of the facts. 175. ARRAIGNMENT - The initial step in a
164. SPECULATIVE QUESTION – a criminal prosecution whereby the
question which assumes a disputed fact defendant is brought before the court to
not stated by the witness as true. hear the charges and to enter a plea.
165. CONCLUSIONARY QUESTION – a 176. EVIDENCE - sanctioned by the rules,
question which asks for an opinion which for ascertainment in a judicial proceeding,
the witness is not qualified or permitted to the truth, respecting a matter of fact.
answer.
177. COMPLAINT – A complaint is a sworn its immateriality, irrelevancy, and want of
written statement charging a person with credibility or for any other reason.
an offense 192. INADMISSABLE EVIDENCE - is that
178. INFORMATION – is an accusation in which is irrelevant to the issue or which is
writing charging a person with an offense. excluded by the rules of evidence.
179. THE MIXED SYSTEM – the so-called 193. IMMATERIAL EVIDENCE - is that
mixed system is a good combination of the which is not directed to prove a fact in
good features and characteristic of the issue as determined by the rules of
inquisitorial and the accusatorial system. substantive law and of pleadings
180. THE ACCUSATORIAL – under this 194. JUDICIAL NOTICE - means no more
system of procedure, prosecution of crimes than that the court will bring to its aid and
is conducted either at the initiative of the consider, without proof of the facts its
public prosecutor or of the offended party knowledge of those matters of public
himself. concern which are known by all well
181. THE INQUISITORIAL SYSTEM – this informed persons.
system in criminal procedure is 195. EXTRA JUDICIAL ADMISSION - are
characterized by secrecy of investigation, those made out of the court or in judicial
the employment of torture and violence to proceeding other than the one under
obtain confession from the accused, the consideration.
denial of right of confrontation and of the 196. DYING DECLARATION. - The
right of counsel, and of appeal in all cases. declaration of a dying person, made under
182. JURISDICTION - as the authority to the consciousness of an impending death,
hear and determine a cause. 197. PART OF THE RES GESTAE. –
183. VENUE - is a geographical division in Statements made by a person while a
which an action is brought to trial. startling occurrence is taking place or
184. JOHN DOE WARRANT - It is one immediately prior to or subsequent thereto
issued to person whom the witnesses with respect to the circumstances thereof
cannot identify 198. PREJUDICIAL QUESTION - It is a
185. PROPERTY BOND - is an question, which arises in a case the
undertaking constituted as a lien on the resolution of which is a logical antecedent
real property given as security for the of the issue or issues involved in said
amount of the bail cases, and the cognizance of which
186. FACTUM PROBANDUM - is the pertains to another tribunal.
ultimate fact sought to be established. 199. ERROR OF JUDGEMENT - An error
187. FACTUM PROBANS - is the of judgment is one, which the court may
evidentiary fact by which the ultimate fact commit in the exercise of its jurisdiction.
is to be established. 200. ERROR OF JURISDICTION - An
188. REBUTTAL EVIDENCE - is that error of jurisdiction renders an order or
which is given to explain, repel, counteract judgment void or void able
or disprove facts given in evidence by the
adverse party.
189. SUR REBUTTAL - is that which is
given to repel, counteract or disprove facts
given in rebuttal evidence.
190. IRRELEVANT EVIDENCE - is that
which has no tendency in reason to
establish the probability or improbability of
a fact issue.
191. INCOMPETENT EVIDENCE - is one
who excluded by law either on grounds of