Criminal Law Book 2 Reviewer
Definition of Te Terms rms Abduction - the taking away of a woman from her house or the place Abduction 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 Reference Material in Criminal Law
Forcible abduction abduction - If a woman is transported from one place to another by virtue of restraining her of her liberty liberty,, and that act is coupled with lewd designs. Serious illegal detention detention - If a woman is transported just to restrain her of her liberty. There is no lewd design or lewd intent. Grave coercion coercion - If a woman is carried away just to break her will, to compel her to agree to the demand or reuest by the offender. Special complex crime of Kidnapping with Murder - !hen the victim dies or is killed as a conseuence of the detention. Abortion B A !hsician "r Midwife And Dispensing "f Abortives 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 use for abortion, she would be liable as an accomplice in the crime of abortion. Acts "f #asciviousness #asciviousness - "ommitted under circumstances w#c, had there been carnal knowledge, would amount to rape. $ffended party is a female or male. Adherence % intellectually or emotionally Adherence % emotionally favors the enemy and harbors sympathies or convictions disloyal to his country&s policy or interest. Agent "f !erson $n Authorit % Authorit % any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. Aid or %omfort % %omfort % 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 tranuility and public peace. 'ny kind of disturbance of public order where the circumstance at the time renders the act offensive to the tranuility prevailing, the crime is committed. Allegiance % 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. %ertificate - any writing by which testimony is given that a fact has or has not taken place. %harivari - is a mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or anno y. %ombination $n &estraint "f 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, monopoli(ing trade and commerce in a certain commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. "ombination in restraint of trade refers to the means while monopoly refers to the end. %onspirac - when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it. %oup d' (tat - )ssence of the crime: *wift attack against the government, its military camps an installations, etc. It ma ybe committed singly or collectively. "ommitted through force, violation, intimidation, threat, strategy or stealth. %ustoms - refer to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation. Decenc - means properly observing the reuirements of modesty, good taste. Dela in the Deliver of Detained !ersons - "rime is committed by failing to deliver such person to the p roper judicial authority within a certain period. +etention is for some legal ground. Dereliction of Dut - "ommitted only by public officers who have the duty to institute prosecution for the punishment of violations of the law. ublic officer does not abandon his office but merely fails to prosecute a violation of the law.
Direct Assault - The ublic 'uthority or the 'gent of the ublic 'uthority must be engaged in the performance of official duties or that he is assaulted by reason thereof. Direct Briber - the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. $ndirect Briber - 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 % la, unrestrained, immoral includes maintainer of house of prostitution/. Document - any written statement by which a right is established or an obligation is etinguished. Duel - is a 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 fi all the other conditions of the fight to settle some antecedent uarrel. If these are not the conditions of the fight, it is not a duel in the sense contemplated in the Revised enal "ode. It will be a uarrel and anyone who killed the other will be liable for homicide or murder, as the case may be. (spionage - 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 hilippines or the advantage of a foreign nation. (stafa )ith Abuse of %onfidence - "rime is committed by misappropriating, converting, or denying having received money, goods or other personal property. False Testimon - committed by a person who, being under oath and reuired 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. Forger - The essence of forgery is giving a document the appearance of a true and genuine document. 0ot any alteration of a letter, number, figure or design would amount to forger y. 't most, it would only be frustrated forgery. Grave scandal - consists of acts which 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. $llegal Detention - "ommitted by a "ommitted by private individual public officer or who unlawfully employee who deprives a person detains a person of his liberty. $llegal (xactions - This can only be committed principally by a public officer whose official duty is to collect taes, license fees, import duties and other dues payable to the government. 1ere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection damage to government is not reuired/ $llegal marriage - Illegal marriage includes also such other marriages which are performed without complying with the reuirements of law, or marriages where the consent of the other is vitiated, or such marriage which was solemni(ed by one who is not authori(ed to solemni(e the same. $mprudence - 2ailure in precaution. $ncriminating $nnocent !erson - act of planting evidence and the like in order to incriminate an innocent person. $nducing A Minor To Abandon *is *ome - !hat 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 abandons the home. $nfanticide - the victim is younger than three days or 34 hours old5 can be committed by a stranger. If a stranger who conspires with parent, both commit the crime of infanticide. $n Flight % 2rom the moment all eterior doors are closed following embarkation until the same doors are again opened for disembarkation. $nsurrection - more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the eercise of governmental authority with respect to particular matters or subjects. $nterlocutor "rder - one issued by the court deciding a collateral or incidental matter5 it is not a final determination of the issues of the action or proceeding. $ntriguing Against *onor - 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.
#ibel - +efamation 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 - +oing of an act which a public officer should not have done. Malversation - is otherwise called embe((lement. "rime is committed by approaching, taking, or misappropriating#consenting, or through abandonment or negligence, permitting any other person to take the public funds#property. Manifestl +n,ust -udgment % manifestly contrary to law that even a person having meager knowledge of law cannot doubt the injustice5 not 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. Monopol - is a privilege or peculiar advantage vested in one or more persons or companies, consisting in the eclusive right or power to carry on a particular business or trade, manufacture a particular article, or control the sale or the wh ole 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. Mutin - the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander. .egligence - 2ailure in advertence. .onfeasance - 2ailure of an agent to perform his undertaking for the principal. !er,ur b Ma/ing False Accusations - giving of false statement under oath or making a false affidavit, imputing to the person the commission of a crime.
!erson $n Authorit % any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. !irac - 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. !olitical %rimes % 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. !revaricacion - means the negligence and tolerance in the prosecution of an offense. !roposal - when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its eecution to some other person or pe rsons. !rostitutes - women who habituallynot just 6 man/ indulge in seual intercourse or lascivious conduct for money or profit If a man indulges in the same conduct, the crime committed is vagrancy./ 0uasi1&ecidivism - "ommission of 'nother "rime +uring *ervice of enalty Imposed for 'nother revious $ffense. &ebellion - more freuently used where the object of the movement is completely to overthrow and supersede the eisting government. &evealing Secrets )ith Abuse "f "ffice - )ssence of this crime is that the offender learned of the secret in the course of his employment. 7e is enjoying a confidential relation with the employer or master so he should respect the privacy of matters personal to the latter. &uffians % brutal, violent, lawless. Sedition - It is the raising of commotions or disturbances in the *tate. It is sufficient that the public uprising be tumultuous. The purpose may be political or social. Seduction - enticing a woman to unlawful seual intercourse by promise of marriage or other means of persuasion without use of force. It applies when there is abuse of authority ualified seduction/ or deceit simple seduction/. Service Mar/ % 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. Slaver - This is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him. Trade1.ame "r Trade1Mar/ % 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 p urpose 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 enem y. Tumultuous - caused by more than 8 persons who are armed or provided with means of violence. +nfair %ompetition - 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. +nintentional Abortion - reuires 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 violence5 the crime committed is light threats. +nlawful Arrest - This felony consists in making an arrest or detention without legal or reasonable ground for the purpose of delivering the offended party to the proper authorities. 2agrants - 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.
