crim law 2 dif of term.doc

8/11/2019 crim law 2 dif of term.doc

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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.

Forcible abduction- If a woman is transportedfrom 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 r Midwife And !ispensing f Abortives-

punishes a pharmacist who merely dispenses with an abortive without the proper

prescription of a physician. If pharmacist knew that the abortive wouldbe use for abortion, she would be liable as an accomplice in the crime

of abortion.

Acts f "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 favors the enemy and harbors

sympathies or convictions disloyal to his country$s policy or interest.

Agent f Person #n Authority# 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# 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. %ny 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# 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 annoy.

$ombination #n %estraint f &rade- is an agreement or understanding


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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, distributionand price,

or otherwise interfering with freedom of tradewithout statutory authority.

ombination in restraint of trade refers to the means while monopoly

refers to the end.

$onspiracy- 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 maybe 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.

!ecency - means properly observing the requirements of modesty,good taste.

!elay in the !elivery of !etained Persons- rime is committed by

failing to deliver such person to the proper judicial authority within

a certain period. *etention is for some legal ground.

!ereliction of !uty- 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.

!irect Assault- The +ublic %uthority or the %gent of the +ublic

%uthority must be engaged in the performance ofofficial duties or

that he is assaulted by reason thereof.

!irect Bribery- the officer agrees to perform or refrain from doing

an act in consideration of the gift or promise.

#ndirect 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.

!issolute# la, unrestrained, immoral includes maintainer of house

of prostitution.

!ocument- any written statement by which a right is established or

an obligation is etinguished.

!uel- 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 quarrel.

If theseare not the conditions of the fight, it is not a duel

in the sense contemplated in the /evised +enal ode. It will

be a quarrel and anyone who killed the other will be liable

for homicide or murder, as the case may be.


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(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 /epublic

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 &estimony - 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. 0ot any alteration of a letter, number,

figure or design would amount to forgery. %t most, it would only be

frustrated forgery.

Grave scandal - consists of acts which are offensive to decency andgood customs. They are committed publicly and thus, give rise to

public scandal to persons who have accidentally witnessed the acts.

#llegal !etention- 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 required

#llegal marriage - Illegal marriage includes also such other marriages

which are performed without complying with the requirements 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 Person- act of planting evidence and the like

in order to incriminate an innocent person.

#nducing A Minor &o Abandon *is *ome- 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 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 momentall 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


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seeks merely to effect some change of minor importance, or to prevent

the eercise of governmental authority with respect to particular

matters or subjects.

#nterlocutory 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.

!efamation- 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.

Manifestly +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 surroundingcircumstances.

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 in the eclusive 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.

.egligence- 2ailure in advertence.

.onfeasance - 2ailure of an agent to perform his undertaking for

the principal.

Per,ury by Ma/ing False Accusations - giving of false statement under

oath or making a false affidavit, imputing to the person the commission


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of a crime.

Person #n 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 $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.

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 eecution to some other person or persons.

Prostitutes- 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 frequently 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 qualified 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.

Slavery - This is committed if anyone shall purchase, kidnap, or

detain a human being for the purpose of enslaving him.

&rade1.ame r &rade1Mar/ # is a word or words, name, title, symbol,


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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.

&reason# 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.

&umultuous - 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- 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 notunintentional 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.

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crim law 2 dif of term.doc