Criminal Law Concepts and Definitions

Study Notes

Criminal Law Study Notes

PIRACY: Robbery or forcible depredation on the high seas, without lawful authority, with intent to steal and hostile intent.
ARBITRARY DETENTION: Illegal detention without justification.
ESPIONAGE: Gathering, transmitting, or losing information about national defense with intent to harm the Philippines or benefit a foreign nation.
MISPRISION OF TREASON: Knowledge of a treasonous conspiracy by a person owing allegiance to the government.
NEUTRALITY: A nation's stance of not participating in a war, maintaining peaceful dealings with warring parties.
DELIVERY (BAR 1990): Filing accurate information or complaints with the proper judicial authorities.
REBELLION/INSURRECTION: Taking up arms against the government.
DELIVERING PRISONERS: Helping a prisoner escape.
COMMISSION OF THE CRIME (BAR 2004, 2009): Aiding in an escape.
RESISTANCE AND SERIOUS DISOBEDIENCE: Resisting or gravely disobeying authority figures.
EVASION ON THE OCCASION OF DISORDERS: Escaping to avoid arrest or sentence during disturbances.
EVASION BY ESCAPING DURING THE TERM OF SENTENCE: Avoiding serving a sentence through escape.
PRINCIPAL OFFENDERS (COUP D'ETAT): Military members, police officers, or public officials, potentially with civilian support.
MUTINY: Offenders in ships' crews or passengers.
TREASON: Violating allegiance to a government by a person owing allegiance.
TWO-WITNESS RULE: Requires the testimony of at least two witnesses to establish an overt act of treason.
CONSPIRACY TO COMMIT SEDITION: Agreement of two or more people to openly rebel, aiming for goals defined in Article 139.
DIRECT ASSAULT: Employing force or intimidation to achieve rebellion or sedition goals.
SEDITION: Creating unrest, disturbance or commotions within the nation.
VIOLATION OF PARLIAMENTARY IMMUNITY: Using force, intimidation to disrupt members of a legislative assembly.
EXPULSION: Removing a person.
POLITICAL CRIMES: Crimes targeting political order, or acts committed for political purposes.
REBELLION: Large-scale uprising against the government involving many people and often complex plotting.

### Qualified & Indirect Assault

QUALIFIED DIRECT ASSAULT: Direct assault with a weapon, by a public official, or on a person in authority.
INDIRECT ASSAULT: Assault through an agent of authority or when assisting the agent.
COUP D'ETAT: A speedy attack against government facilities, communication networks or essential services.
REBELLION: Essence of this crime lies in a public rebellion and taking up arms towards the established government.
GRAVE COERCION: Illegal acts by private individuals described in Article 127.
SEARCH WARRANT: A judge-issued warrant authorizing a search.