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Abberatio Ictus mistake in blow.

Absolutory Causes- where the act committed is a crime but for some

reason of public policy and sentiment, there is no penalty imposed.

Exempting and justifying circumstances are absolutory causes.

Accomplices- Persons who do not act as principalsbut cooperate in

the executionof the offense by previous and simultaneous acts,

which are not indispensable to the commissionof the crime. hey act as

mere instruments that perform acts not essential to the perpetration

of the offense.

Act an overt or external act.

Actus Me Invito Factus Non Est Meus Actus !ny act done by me against

my will is not my act.

Agent - subordinate public officer charged w" the maintenance of public

order and protection and security of life and property.

Aggravating Circumstances - hose which, if attendant in the commissionof the crime, serve to have the penalty imposed in its maximum period

provided by law for the offense or those that change the nature of

the crime.

#eneric - those which apply to all crimes.

$pecific - those which apply only to specific crimes.

%ualifying - those that change the nature of the crime.

&nherent - which of necessity accompany the commission of the crime,

therefore not considered in increasing the penalty to be

imposed.

$pecial - those which arise under special conditions to increase

the penalty of the offense and cannot be offset by

mitigating circumstances.

Alternative Circumstances hose which must be taken into considerationas aggravating or mitigating according to the nature and effects of

the crime and the other conditions attending its commission.

Amnesty is an act of the sovereign power granting oblivion or general

pardon. &t wipes all traces and vestiges of the crime but does not

extinguish civil liability.

Astucia '(raft) involved the use of intellectual trickery or cunning

on the part of the accused. ! chicanery resorted to by the accused to

aid in the execution of his criminal design. &t is employed as a

scheme in the execution of the crime.

Bill Of Attainder ! legislative act which inflicts punishment

without trial.

Commutation change in the decision of the court by the chief regarding

the degree of the penalty by decreasing the length of the imprisonment

or fine.

Consummated Felonies - when all the elements necessary for its execution

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and accomplishment are present.

Continued Crime refers to a single crime consisting of a series of

acts but all arising from one criminal resolution. !lthough there is

a series of acts, there is only one crime committed, so only one

penalty shall be imposed.

Crime acts and omissions punishable by any law.

Criminal law- ! branch of municipal law which defines crimes, treats

of their nature and provides for their punishment.

Cruelty there is cruelty when the culprit enjoys and delights in

making his victim suffer slowly and gradually, causing unnecessary

physical pain in the consummation of the criminal act.

Degree one whole penalty, one entire penalty or one unit of the

penalties enumerated in the graduated scales provided for in !rt. *+

Despoblado 'ninhabited Place) one where there are no houses at all,a place at a considerable distance from town, where the houses are

scattered at a great distance from each other.

Discernment - mental capacity to fully appreciate he conseuences of

the unlawful act, which is shown by the manner the crime was committed

and conduct of the offender after its commission.

Disfra !Disguise" resorting to any device to conceal identity.

uress - use of violence or physical force.

Dwelling - must be a building or structure exclusively used for rest

and comfort 'combination of house and store not included), may be

temporary as in the case of guests in a house or bedspacers. &tincludes dependencies, the foot of the staircase and the enclosure

under the house.

En Cuadrilla # !Band" whenever there are more than / armed malefactors

that shall have acted together in the commission of an offense.

Entrapment - ways and means are resorted to for the purpose of trapping

and capturing the lawbreaker in the execution of his criminal plan.

Error in personae mistake in identity.

E$empting Circumstances - grounds for exemption from punishment

because there is wanting in the agent of the crime any of the conditions

which make the act voluntary or negligent.

E$ %ost Facto &aw- !n act which when committed was not a crime,

cannot be made so by statute without violating the constitutional

inhibition as to ex post facto laws.

Felonies acts and omissions punishable by the 0evised Penal (ode.

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Fence is a person who commits the act of fencing. ! fence who

receives stolen property as above- provided is not an accessory but

a principal in the crime defined in and punished by the !nti-1encing

2aw.

Fencing is an act, with intent to gain, of buying, selling, receiving,

possessing, keeping, or in any other manner dealing in anything of

value which a person knows or should have known to be derived from the

proceeds of the crime of robbery or theft.

Fraud !fraude" insidious words or machinations used to induce the

victim to act in a manner which would enable the offender to carry

out his design.

'ood conduct allowance during confinement eduction for the term of

sentence for good behavior.

(abitual Delin)uency or Multi*recidivism 3here a person within aperiod of ten years from the date of his release or last conviction

of the crimes of serious or less serious physical injuries, robbery,

theft, estafa or falsification, is found guiltyof the said crimes a

third time or oftener. his is an extraordinary aggravating

circumstance.

(abitual Delin)uent - ! person who, within a period of ten years

from the date of his release or last conviction of the crimes of

serious or less serious physical injuries, robbery, theft, estafa,

or falsification, is found guilty of any said crimes a third time or

oftener.

Ignominy is a circumstance pertaining to the moral order, whichadds disgrace and oblouy to the material injury caused by the crime.

Imbecile - one while advanced in age has a mental development comparable

to that of children between 4 and * years old. 5e is exempt in all

cases from criminal liability.

Insane- one who acts with complete deprivation of intelligence"reason

or without the least discernment or with total deprivation of freedom

of will. 6ere abnormalityof the mental faculties will not exclude

imputability.

Instigation - &nstigator practically inducesthe would-be accused into

the commission of the offense and himself becomes a co-principal.

Insuperable Clause- some motive, which has lawfully, morally or

physically prevented a person to do what the law commands.

Irresistible Force - offender uses violence or physical force to

compel another person to commit a crime.

+ustifying Circumstances - where the act of a person is in accordance

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with law such that said person is deemed not to have violated the law.

Mista,e of Fact - misapprehension of fact on the part of the person

who caused injury to another. 5e is not criminally liable.

Mitigating Circumstances- those which if present in the commission

of the crime reduces the penalty of the crime but does not erase

criminal liability nor change the nature of the crime.

Nullum Crimen- Nulla %oena .ine &ege here is no crime when there is

no law punishing it.

Obscuridad # !Nig/t time"that period of darkness beginning at the end

of dusk and ending at dawn.

Omission failure to perform a duty reuired by law.

%ardon an act of grace proceeding from the power entrusted with the

execution of laws, which exempts the individual from the punishment

the law inflicts for the crime.

%arole consists in the suspension of the sentence of a convict after

serving the minimum term of the indeterminate penalty, without granting

pardon, prescribing the terms upon which the sentence shall be

suspended. &n case his parole conditions are not observed, a convict

may be returned to the custody and continue to serve his sentence

without deducting the time that elapsed.

%enalty suffering inflicted by the $tate for the transgression

of a law.

%eriod one of / eual portions, min"med"max of a divisible penalty.

! period of a divisible penalty when prescribed by the (ode as a

penalty for a felony, is in itself a degree.

%erson In Aut/ority- public authority, or person who is directly

vested with jurisdiction and has the power to govern and execute

the laws.

%lurality Of Crimes consists in the successive execution by the same

individual of different criminal acts upon any of which no

conviction has yet been declared.

%raetor Intentionem- lack of intent to commit so grave a wrong.

%rescription Of A Crime is the loss"forfeiture of the right of the

state to prosecute the offender after the lapse of a certain time.

%rescription Of %enalty- means the loss"forfeiture of the right of

government to execute the final sentence after the lapse of a

certain time.

%robation- a disposition under which a defendant after conviction and

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sentence is released subject to conditions imposed by the court and to

the supervision of a probation officer.

%ro$imate Cause- the cause, which in the natural and continuous

seuence unbroken by any efficient intervening cause, produces the

injury, without which the result would not have occurred.

0uasi*1ecidivism 3here a person commits felony before beginning to

serve or while serving sentence on a previous conviction for a

felony. his is a special aggravating circumstance.

1an, - he designation or title of distinction used to fix the

relative position of the offended party in reference to others

'here must be a difference in the social condition of the offender

and the offended party).

1ecidivism 3here a person, on separate occasions, is convicted of

two offenses embraced in the same title in the 0P(. his is a

generic aggravating circumstance.

1ecidivist one who at the time of his trial for one crime, shall

have been previously convicted by final judgment of another crime

embraced in the same title of the 0P(.

1eiteracion or (abituality 3here the offender has been previously

punished for an offense to which the law attaches an eual or greater

penalty or for two crimes to which it attaches a lighter penalty.

his is a generic aggravating circumstance.

.tand 'round 2/en in 3/e 1ig/t- the law does not reuire a person

to retreat when his assailant is rapidly advancing upon him with a

deadly weapon.

3reac/ery when the offender commits any of the crimes against the

person, employing means, methods or forms in the execution thereof

which tend directly and specially to insure its execution without

risk to himself arising from the defense which the offended party

might make.

4ncontrollable Fear- offender employs intimidation or threat in

compelling another to commit a crime.

4nlawful Entry - when an entrance is effected by a way not intended

for the purpose.

5out/ful offender over 7 but under +8 at time of the commission

of the offense.

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