CRIMINAL PROCEDURE TERMS AND DEFINITIONS

CLJ03

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 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,
in a 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) - 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.
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.