criminology board exam reviewer (/)

Criminal Procedure Reviewer 2

Complaint - is a sworn written statement charging a person with an
offense,subscribed by the offender party,any peace officer,or other
public officer charged with the enforcement of the law violated.

Information - is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed
with the court.

Criminal Action - One by which the State prosecutes a person for

an act/omission punishable by law.

Criminal Jurisdiction - Authority of the court to hear and try a

particular offense and to impose the punishment provided by law.

Duplicity of offenses -The information must charge only one offense.

Private Crimes – Those which cannot be prosecuted except

upon complaint filed by the aggrieved/offended party.

Restitution - Returning of the thing itself, with allowance for

deterioration or diminution of value.

Reparation - Payment of damage caused,taking into consideration

the sentimental value of the thing to the injured party.

Indemnification - Payment of consequential damages suffered by

the injured party, his family or a 3rd person by reason of the crime.

Prejudicial Question - That which arises in a case the resolution of

which is a logical antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.

Preliminary Investigation - An inquiry/proceeding to determine

Whether or Not (WON) there is sufficient ground to engender a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.

Probable Cause - it is the existence of such facts and

circumstances as would excite the belief, ina reasonable mind
acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.

In Flagrante Delicto – Literally, caught in the act of committing a

crime. When the person to be arrested has committed, is actually
committing or is attempting to commit an offense in the presence
of the peace officer or private person who arrested him.

Arrest - is the taking of a person into custody in order that that he

may be bound to answer for the commission of an offense.

Illegal Arrest - If the arrest of a person is not justified by any of the instances of a warrantless arrest under Rule 113,
Sec. 5.
The fact that the person arrested did not actually commit the crime
does not render the arrest illegal.

Custodial Investigation - It involves the questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any significant way.

Re-Enactment – A demonstration by the accused of how he

committed the crime. It is a police contrivance designed to test the
truthfulness of the statements of the witness who had confessed to
the commission of the crime.

Bail - is the security given for the release of a person in custody

of the law,furnished by him or a bondsman,to guarantee his
appearance before any court as required under the conditions
of the bail.

Recognizance - Obligation of record, entered into before some

court or magistrate duly authorized to take it, with the condition to
do some particular act, the most usual condition in criminal cases
being the appearance of the accused for trial.

Property Bond – An undertaking constituted as a lien on the real

property given as security for the amount of the bail.

Cash Bond - Cash corresponding to the amount of bail fixed by the

court or recommended by the prosecutor who investigated or filed
the case.

Capital Offense - An offense which, under the law existing at the

time of its commission and of the application for admission to bail,
may be punished with death.

Motion To Quash (MTQ) - Formerly called a demurrer, it is a special

pleading, filed by the accused, which hypothetically admits the truth
of the facts spelled out in the complaint/information and sets up a
matter,which, if duly proved, would preclude further proceedings.

Prescription of the Crime - Loss/waiver by the state of its right to

prosecute a crime.

Prescription of the Penalty - Loss/waiver by the State of its right to demand service of the penalty imposed.

Double Jeopardy - When a person is charged with an offense and

the case is terminated either by acquittal or conviction or in any
other manner without the express consent of the accused, the
latter cannot again be charged with the same or identical offense.

Provisional Dismissal - A case is dismissed without prejudice to its

being refiled or revived.

Deposition - Testimony of the witness that is taken upon oral

question or written interrogatories, in opencourt, in pursuance of
(1) a commission to take testimony issued by a court or (2) under
a general law or court rule on the subject, reduced to writing and
duly authenticated

Arraignment – The stage where the accused is formally informed of

the charge against him by reading before him the
information/complaint and asking him whether he pleads guilty or
not guilty.

Plea Bargaining - Process where the accused, the offended party

and the prosecution work out a mutually satisfactory disposition of
the case,subject to court approval.

Improvident Plea - Plea without proper information as to all the

circumstances affecting it; based upon a mistaken assumption or
misleading information/advice

Pre-Trial Order - Issued by the court after the pre-trial conference.

Trial - Examination before a competent tribunal of the facts put in

issue in a case, for the purpose of determining such issue.
Demurrer to Evidence - Objection by one of the parties to the effect that the evidence which his adversary produced
is insufficient in point of law, whether true or not, to make out a case or sustain
the issue.

Rebuttal Evidence - Any evidence to explain, repeal, counteract or

disprove the adversary’s proof.

Sur-rebuttal Evidence - Proof to meet or refute those new matters

taken up by the adverse party during the rebuttal stage, or to clarify
matters that were beclouded or made ambiguous.

Judgment – The adjudication by the court that the accused is guilty

or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.

Opinion - Informal expression of the views of the court

Ratio Decidende - Provides for the basic reason for the judgment

Acquittal - A finding of not guilty based on the merits, either:

1) The evidence does not show that his guilt is beyond reasonable
doubt; or
2) A dismissal of the case after the prosecution has rested its case
and upon motion of the accused on the ground that the evidence
fails to show beyond doubt that accused is guilty.

Promulgation of Judgment -An official proclamation/ announcement of a judgment/order.

Judgment/sentence does not become a judgment/sentence in law
until:
1) Read and announced to the defendant; or
2) Has become a part of the record of the
court.

Sin Perjuico Judgment – Judgment without a statement of facts.

New Trial – A proceeding whereby errors of law or irregularities are

expunged from the record, or new evidence is introduced, or both
steps are taken.

Motion For Reconsideration OR New Trial (MFR/MNT) - New trial

and reconsideration are the same thing in criminal procedure
whether it be a first, second, new or an old trial. “New” refers to time and not to substance.
Newly Discovered Evidence - Evidence which could not, by the
exercise of due diligence, have been discovered before the trial in
the court below.

Appeal – A proceeding for review by which the whole case is

transferred to a higher court for a final determination.
Final Judgment — Judgment which would become final if no appeal
is taken.

Final Order — One which disposes of the whole subject matter or

terminates a particular proceeding/action, leaving nothing to be
done but to enforce by execution what has been determined.

Error Of Judgment – One which the court may commit in the

exercise of its jurisdiction.

Error Of Jurisdiction – It renders an order of judgment void or

voidable.

Notice Of Appeal – Written notice of intention to take appeal.

Appellant – The party appealing;

Appellee – The party adverse to the appellant.

Search Warrant - It is an order in writing; issued in the name of the

People of the Philippines; signed by a judge; and directed to a
peace officer, commanding him to search for personal property
described in the warrant and bring it before the court.

Probable Cause - Such reasons, supported by facts and

circumstances, as will warrant a cautious man in the belief that
his action, and the means taken in prosecuting it, are legally just
and proper.

Oath - Includes any form of attestation by which a party signifies

that he is bound in conscience to perform an act faithfully and
truthfully.

Searching Questions And Answers - Such questions as have the

tendency to show the commission of a crime and perpetrator
thereof.
Stop and Frisk — A limited protective search of outer clothing for
weapon.

Criminal Evidence: Next Page (/criminal-evidence.html)

Related Readings:
1. Criminal Jurisprudence Reviewer (/criminal-jurisprudence-reviewer-1.html)
2. Criminal Jurisprudence Review Questions (/criminal-jurisprudence-review-questions.html)

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