Evidence Reviewer

Admission - any statement of fact made by a party against his interestor unfavorable to the conclusion for which he contends or is inconsistentwith the facts alleged by him.

Best Evidence Rule - is that rule which requires the highest grade ofevidence obtainable to prove a disputed fact.

Burden Of Evidence - logical necessity on aparty during a particular time of the trail to create aprima facie case in his favor or to destroy thatcreated against him by presenting evidence.

Burden Of Proof/Risk of Non-Persuasion - the duty of a party to presentevidence on the facts in issue necessary to establish his claim or defenseby the amount of evidence required by law.

Character - the aggregate of the moral qualities which belong to anddistinguish an individual person.

Circumstantial Evidence - is the proof of a fact or facts from whichtaken either singly or collectively, the existence or a particularfact in dispute may be inferred as a necessary or probable consequence.

Common Reputation - is the definite opinion of the community in whichthe fact to be proved is known or exists. It means the general orsubstantially undivided reputation, as distinguished from a partial orqualified one, although it need not be unanimous.

Competency Of A Witness -  is the legal fitness or ability of a witnessto be heard on the trial of a cause.

Competent Evidence - one that is not excluded by this Rules, a statuteor the Constitution.

Compromise - is an agreement made between two or more parties as asettlement matters in dispute.

Conclusive Evidence - the class of evidence which the law does not allowto be contradicted.

Confession - categorical acknowledgement of guilt made by an accusedin a criminal case, without any exculpatory statement or explanation.If the accused admits having committed the act in question but allegesa justification therefore, the same is merely an admission.

      Judicial Confession - one made before a court in which the case      is pending and in the course of legal proceedings therein and,      by itself, can sustain a conviction even in capital offenses.

      Extra Judicial Confession - one made in any other place or      occasion and cannot sustain a conviction unless corroborated by      evidence of the corpus delicti. This section refers to extrajudicial      confessions.

Corroborative Evidence - is additional evidence of a difference character

to the same point.

Cumulative Evidence - evidence of the same kind and to the same stateof facts.

Demonstrative Evidence - is a tangible evidence that merely illustratesa matter of importance in the litigation such as maps, diagrams,models, summaries and other materials created especially for litigation.

Direct Evidence - that which proves the fact in dispute without theaid of any inference or presumption.

Doctine Of Processual Presumption - absent any of the evidence or admission,the foreign law is presumed to be the same as that in the Philippines.

Document - any substance having any matter expressed or described uponit by marks capable of being read.         - is a deed, instrument or other duly authorized appear bywhich something is proved, evidenced or set forth.

Documentary Evidence - evidence supplied by written instruments or derivedfrom conventional symbols, such as letters, by which ideas are representedon material substances.

Dying Declaration - The ante mortem statements made by a person afterthe mortal wound has been inflicted under the belief that the death iscertain, stating the fact concerning the cause of and the circumstancessurrounding the attack.

Equipose Rule -  Where the evidence gives rise to two probabilities,one consistent with defendant’s innocence, and another indicative ofhis guilt, that which is favorable to the accused should be considered.

Estoppel By Deed – the tenant is not permitted to deny title of hislandlord at the time of the commencement of the land-lord tenantrelationship. If the title asserted is one that is alleged to have beenacquired subsequent to the commencement of that relation, the presumptionwill not apply.

Estoppel In Pais - whenever a party has, by his own declaration, act,or omission, intentionally and deliberately lead another to believe aparticular thing to be true and act upon such belief, he cannot, inany litigation arising out of such declaration, act or omission, bepermitted to falsify it.

Expert Witness - one who belongs to the profession or calling to whichthe subject matter of the inquiry relates to and who possesses specialknowledge on questions on which he proposes to express an opinion.

Express Admissions - are those made in definite, certain and unequivocallanguage.

Extra Judicial Admissions - are those made out of court, or in a judicialproceeding other than the one under consideration.

Fact - thing done or existing.

Facts In Issue - are those facts which the plaintiff must prove in order

to establish his claim and those facts which the defendant must provein order to establish a defense set up by him, but only when the factalleged by the one party is not admitted by the other party.

Facts Relevant To The Issue - are those facts which render the probableexistence or non-existence of a fact in issue, or some other relevantfact.

Factum Probandum - the ultimate fact or the fact sought to be established.                 - Refers to proposition

Factum Probans - is the evidentiary fact or the fact by which the factumprobandum is to be established. Materials which establish the proposition.

Hearsay Rule - Any evidence, whether oral or documentary is hearsay ifits probative value is not based on the personal knowledge of thewitness but on the knowledge of some other person not on the witnessstand.

Impeaching Evidence - a proper foundation must be laid for the impeachingquestions, by calling attention of such party to his former statementso as to give him an opportunity to explain before such admissions areoffered in evidence.

Implied Admissions - are those which may be inferred from the acts,declarations or omission of a party. Therefore, an admission may beimplied from conduct, statement of silence of a party.

Independent Evidence - admissions are original evidence and no foundationis necessary for their introduction in evidence

Intermediate Ambiguity - situation where an ambiguity partakes of thenature of both patent and latent. In this, the words are seeminglyclear and with a settled meaning, is actually equivocal and admits oftwo interpretations. Here, parol evidence is admissible to clarifythe ambiguity provided that the matter is put in issue by the pleader.Example: Dollars, tons and ounces.

Issue - is the point or points in question, at the conclusion of thepleadings which one side affirms, and the other side denies.

Judicial Admissions - are those so made in the pleadings filed or inthe progress of a trial.                    - It is one made in connection with a judicialproceeding in which it is offered, while an extrajudicial admissionis any other admission.

Judicial Notice -  no more than that the court will bring to its aidand consider, without proof of the facts, its knowledge of thosematters of public concern which are known by all well-informedpersons.                - cognizance of certain facts which judges may takeand act on without proof because they are already known to them.

Material Evidence - evidence directed to prove a fact in issue asdetermined by the rules of substantive law and pleadings. The test iswhether the fact it intends to prove is an issue or not. AS to whethera fact is in issue or not is in turn determined by the substantive law,the pleadings, the pre-trial order and by the admissions or confessionson file. Consequently, evidence may be relevant but may be immaterialin the case.

Negative Evidence - when the witness did not see or know of the occurrenceof a fact. There is a total disclaimer of persona knowledge, hence withoutany representation or disavowal that the fact in question could or couldnot have existed or happened. It is admissible only if it tends tocontradict positive evidence of the other side or would tend to excludethe existence of fact sworn to by the other side.

Object Evidence -  is a tangible object that played some actual role onthe matter that gave rise to the litigation. For instance, a knife.

Objective or Real Evidence - directly addressed to the senses of thecourt and consist of tangible things exhibited or demonstrated in opencourt, in an ocular inspection, or at place designated by the courtfor its view or observation of an exhibition, experiment or demonstration.This is referred to as autoptic preference.

Omnia praesumuntur rite et solemniter esse acta donec probetur incontrarium – all things are presumed to have been done regularly andwith due formality until the contrary is proved.

Opinion - an inference or conclusion drawn from facts observed.

Ordinary Opinion Evidence - that which is given by a witness who isof ordinary capacity and who has by opportunity acquired a particularknowledge which is outside the limits of common observation and whichmay be of value in elucidating a matter under consideration.

Parole Evidence - any evidence aliunde, whether oral or written, whichis intended or tends to vary or contradict a complete and enforceableagreement embodied in a document.

Patent or Extrinsic Ambiguity - is such ambiguity which is apparent onthe face of the writing itself and requires something to be added inorder to ascertain the meaning of the words used. In this case, parolevidence is not admissible, otherwise the court would be creating acontract between the parties.

Pedigree - includes relationship, family genealogy, birth, marriage,death, the dates when, and the placer where these facts occurred andthe names of their relatives. It embraces also facts of family historyintimately connected with pedigree.

Positive Evidence - when the witness affirms that a fact did or did notoccur. Entitled to a greater weight since the witness represents of hispersonal knowledge the presence or absence of a fact.

Presumption - An inference as to the existence or non-existence of afact which courts are permitted to draw from the proof of other facts.

      Presumption Juris Or Of Law – is a deduction which the law      expressly directs to be made from particular facts.

      Presumption Hominis Or Of Fact – is a deduction which reason      draws from facts proved without an express direction from the      law to that effect.

Prima Facie Evidence - that which is standing alone, unexplained oruncontradicted, is sufficient to maintain the proposition affirmed.

Primary Evidence - that which the law regards as affording the greatestcertainty of the fact in question. Also referred to as the best evidence.

Privies - those who have mutual or successive relationship to thesame right of property or subject matter, such as “personalrepresentatives, heirs, devisees, legatees, assigns, voluntary granteeor judgment creditors or purchasers from them without notices to the fact.

Privity - mutual succession of relationship to the same rights of property.

Proof - the result or effect of evidence. When the requisite quantumof evidence of a particular fact has been duly admitted and given weight,the result is called the proof of such fact.

Relevant Evidence - evidence having any value in reason as tending toprove any matter provable in an action. The test is the logical relationof the evidentiary fact to the fact in issue, whether the former tendsto establish the probability or improbability of the latter.

Res Gestae - literally means things done; it includes circumstances,facts, and declarations incidental to the main facts or transactionnecessary to illustrate its character and also includes acts, words,or declarations which are closely connected therewith as to constitutepart of the transaction.

Rule Of Exclusion - that which is secondary evidence cannot inceptivelybe introduced as the original writing itself must be produced in court,except in the four instances mentioned in Section 3.

Secondary Evidence - that which is inferior to the primary evidence andis permitted by law only when the best evidence is not available.Known as the substitutionary evidence.                   - shows that better or primary evidence exists as tothe proof of fact in question. It is deemed less reliable.

Self Serving Declaration - is one which has been made extrajudiciallyby the party to favor his interests. It is not admissible in evidence.

Testimonial Evidence - is that which is submitted to the court throughthe testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether organic or functional, orinduced by drugs or hypnosis.

Witness - reference to a person who testifies in a case or gives evidencebefore a judicial tribunal.

Criminal Law Reviewer Book 2

Abduction - the taking away of a woman from her house or the placewhere she may be for the purpose of carrying her to another placewith the intent to marry or to corrupt her.

      Forcible abduction - If a woman is transported from 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 Or Midwife And Dispensing Of Abortives -punishes a pharmacist who merely dispenses with an abortive without the properprescription of a physician. If pharmacist knew that the abortive wouldbe use for abortion, she would be liable as an accomplice in the crimeof abortion.

Acts Of Lasciviousness - Committed under circumstances w/c, had therebeen carnal knowledge, would amount to rape. Offended party is afemale or male.

Adherence – intellectually or emotionally favors the enemy and harborssympathies or convictions disloyal to his country’s policy or interest.

Agent Of Person In Authority – any person who, by direct provision oflaw or by election or by appointment by competent authority, is chargedwith the maintenance of public order and the protection and securityof life and property.

Aid or Comfort – act w/c strengthens or tends to strengthen the enemyof the government in the conduct of war against the government, or anact w/c weakens or tends to weaken the power of the government orthe 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 publictranquility and public peace. Any kind of disturbance of public orderwhere the circumstance at the time renders the act offensive to thetranquility prevailing, the crime is committed.

Allegiance – obligation of fidelity and obedience which individualsowe to the government under which they live or to the sovereign, inreturn for protection they receive.

Certificate - any writing by which testimony is given that a fact hasor has not taken place.

Charivari - is a mock serenade or discordant noises made with kettles,tin horns etc., designed to deride, insult or annoy.

Combination In Restraint Of Trade - is an agreement or understandingbetween two or more persons in the form of a contract, trust, pool,holding  company or other form of association, for the purpose ofunduly restricting competition, monopolizing trade and commerce in acertain commodity, controlling its production, distribution and price,or otherwise interfering with freedom of trade without statutory authority.Combination in restraint of trade refers to the means while monopolyrefers to the end.

Conspiracy - when two or more persons come to an agreement to risepublicly and take arms against government for any of the purposes ofrebellion and decide to commit it.

Coup d' Etat - Essence of the crime: Swift attack against the government,its military camps an installations, etc. It maybe committed singly orcollectively. Committed through force, violation, intimidation, threat,strategy or stealth.

Customs - refer to established usage, social conventions carried on bytradition and enforced by social disapproval in case of violation.

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

Delay in the Delivery of Detained Persons - Crime is committed byfailing to deliver such person to the proper judicial authority withina certain period. Detention is for some legal ground.

Dereliction of Duty - Committed only by public officers who have theduty to institute prosecution for the punishment of violations ofthe law. Public officer does not abandon his office but merely failsto prosecute a violation of the law.

Direct Assault - The Public Authority or the Agent of the PublicAuthority must be engaged in the performance of official duties orthat he is assaulted by reason thereof.

Direct Bribery - the officer agrees to  perform or refrain from doingan act in  consideration of the gift or promise.

      Indirect 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.

Dissolute – lax, unrestrained, immoral (includes maintainer of houseof prostitution).

Document - any written statement by which a right is established oran obligation is extinguished.

Duel - is a formal or regular combat previously consented to by twoparties in the presence of two or more seconds of lawful age oneach side, who make the selection of arms and fix all the other

conditions of the fight to settle some antecedent quarrel.      If these are not the conditions of the fight, it is not a duel      in the sense contemplated in the Revised Penal Code. It will      be a quarrel and anyone who killed the other will be liable      for homicide or murder, as the case may be.

Espionage - is the offense of gathering, transmitting, or losinginformation respecting the national defense with intent or reason tobelieve that the information is to be used to the injury of the Republicof the Philippines or the advantage of a foreign nation.

Estafa With Abuse of Confidence - Crime is committed by misappropriating,converting, or denying having received money, goods or other personalproperty.

False Testimony - committed by a person who, being under oath andrequired to testify as to the truth of a certain matter at a hearingbefore a competent authority, shall deny the truth or saysomething contrary to it.

Forgery - The essence of forgery is giving a document the appearanceof a true and genuine document. Not any alteration of a letter, number,figure or design would amount to forgery. At most, it would only befrustrated forgery.

Grave scandal - consists of acts which are offensive to decency andgood customs. They are committed publicly and thus, give rise topublic scandal to persons who have accidentally witnessed the acts.

Illegal Detention - Committed by a Committed by private individualpublic officer or who unlawfully employee who deprives a persondetains a person of his liberty.

Illegal Exactions - This can only be committed principallyby a public officer whose official duty is to collect taxes, licensefees, import duties and other dues payable to the government.Mere demand of a larger or different amount is sufficient to consummatethe crime. The essence is the improper collection (damage to governmentis not required)

Illegal marriage - Illegal marriage includes also such other marriageswhich are performed without complying with the requirements of law, ormarriages where the consent of the other is vitiated, or such marriagewhich was solemnized by one who is not authorized to solemnize the same.

Imprudence - Failure in precaution.

Incriminating Innocent Person - act of planting evidence and the likein order to incriminate an innocent person.

Inducing A Minor To Abandon His Home - What constitutes the crime isthe act of inducing a minor to abandon his home of his guardian, andit is not necessary that the minor actually abandons the home.

Infanticide - the victim is younger than three days or 72 hours old;can be committed by a stranger. If a stranger who conspires with parent,both commit the crime of infanticide.

In Flight – From the moment all exterior doors are closed followingembarkation until the same doors are again opened for disembarkation.

Insurrection - more commonly employed in reference to a movement whichseeks merely to effect some change of minor importance, or to preventthe exercise of governmental authority with respect to particularmatters or subjects.

Interlocutory Order - one issued by the court deciding a collateralor incidental matter; it is not a final determination of the issuesof the action or proceeding.

Intriguing Against Honor - is referred to as gossiping: the offender,without ascertaining the truth of a defamatory utterance, repeats thesame and pass it on to another, to the damage of the offended party.

Libel - Defamation is in writing or printed media.

      Slander - oral defamation.

      Defamation - public and malicious imputation calculated to cause      dishonor, discredit, or contempt upon the offended party.

Malfeasance - Doing of an act which a public officer should nothave done.

Malversation - is otherwise called embezzlement. Crime is committedby approaching, taking, or misappropriating/consenting, or throughabandonment or negligence, permitting any other person to take thepublic funds/property.

Manifestly Unjust Judgment – manifestly contrary to law that even aperson having meager knowledge of law cannot doubt the injustice; notabuse of discretion or mere error of judgment.

Medical Malpractice -  which is a form of negligence, consists in thefailure of a physician or surgeon to apply to his practice of medicinethat degree of care and skill which is ordinarily employed by theprofession 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 morepersons or companies, consisting in the exclusive right or power tocarry on a particular business or trade, manufacture a particulararticle, or control the sale or the whole supply of a particularcommodity. 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 ofcommotions and disturbances on board a ship against the authority ofits commander.

Negligence - Failure in advertence.

Nonfeasance - Failure of an agent to perform his undertaking forthe principal.

Perjury by Making False Accusations - giving of false statement underoath or making a false affidavit, imputing to the person the commissionof a crime.

Person In Authority – any person directly vested with jurisdiction,whether as an individual or as a member of some court or governmentalcorporation, board or commission.

Piracy - it is robbery or forcible depredation on the high seas, withoutlawful authority and done with animo furandi and in the spirit andintention of universal hostility.

Political Crimes – are those directly aimed against the political order,as well as such common crimes as may be committed to achieve a politicalpurpose. The decisive factor is the intent or motive.

Prevaricacion - means the negligence and tolerance in the prosecutionof an offense.

Proposal - when the person who has decided to rise publicly and takearms against the government for any of the purposes of rebellionproposes its execution to some other person or persons.

Prostitutes - women who habitually(not just 1 man) indulge in sexualintercourse or lascivious conduct for money or profit (If a manindulges in the same conduct, the crime committed is vagrancy.)

Quasi-Recidivism - Commission of Another Crime During Service ofPenalty Imposed for Another Previous Offense.

Rebellion - more frequently used where the object of the movement iscompletely to overthrow and supersede the existing government.

Revealing Secrets With Abuse Of Office - Essence of this crime isthat the offender learned of the secret in the course of his employment.He is enjoying a confidential relation with the employer or masterso he should respect the privacy of matters personal to the latter.

Ruffians – brutal, violent, lawless.

Sedition - It is the raising of commotions or disturbances in the State.It is sufficient that the public uprising be tumultuous. The purpose

may be political or social.

Seduction - enticing a woman to unlawful sexual intercourse by promiseof marriage or other means of persuasion without use of force. Itapplies when there is abuse of authority (qualified seduction) ordeceit (simple seduction).

Service Mark – is a mark used in the sale or advertising of servicesto identify the services of one person and distinguish them from theservices of others and includes without limitation the marks, names,symbols, titles, designations, slogans, character names, and distinctivefeatures of radio or other advertising.

Slavery - This is committed if anyone shall purchase, kidnap, ordetain a human being for the purpose of enslaving him.

Trade-Name Or Trade-Mark – is a word or words, name, title, symbol,emblem, sign or device, or any combination thereof used as anadvertisement, sign, label, poster, or otherwise, for the purpose ofenabling the public to distinguish the business of the person whoowns and uses said trade-name or trade-mark.

Treason – breach of allegiance to the government by a person who owesallegiance to it. The levying of war against the government wouldconstitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided withmeans of violence.

Unfair Competition -  consists in employing deception or any other meanscontrary to good faith by which any person shall pass off the goodsmanufactured by him or in which he deals, or his business, or servicesfor those of the one having established goodwill, or committing any actscalculated to produce such result.

Unintentional Abortion - requires physical violence inflicted deliberatelyand voluntarily by a third person upon the pregnant woman. If the pregnantwoman aborted because of intimidation, the crime committed is notunintentional abortion because there is no violence; the crime committedis light threats.

Unlawful Arrest - This felony consists in making an arrest or detentionwithout legal or reasonable ground for the purpose of delivering theoffended party to the proper authorities.

Vagrants -  Those who have no apparent means of subsistence and who havethe physical ability to work yet neglect to apply themselves to someuseful calling.

Institutional Corrections 

Alcatraz - a US federal penitentiary, Often referred to as "The Rock",the small island of alcatraz was developed with facilities for a lighthouse,a military fortification, a military prison (1868), and a federal prisonfrom 1933 until 1963.

Alexander Maconochie - was a Scottish naval officer, geographer, andpenal reformer. He is known as the Father of Parole.

          His 2 Basic Principle of Penology          1. As cruelty debases both the victim and society, punishment             should not be vindictive but should aim at the reform of             the convict to observe social constraints, and          2. A convict's imprisonment should consist of task, not time             sentences, with release depending on the performance of a             measurable amount of labour.

Auburn Prison - Constructed in 1816 ,(opened 1819) it was the secondstate prison in New York, the site of the first execution by electricchair in 1890. It uses the silent or congregate system.

Banishment - a punishment originating in ancient times, that requiredoffenders to leave the community and live elsewhere, commonly in thewilderness.

BJMP - (Bureau of Jail Management and Penology) government agencymandated by law (RA 6975) to take operational and administrative controlover all city, district and municipal jails.It takes custody of detainees accused before a court who are temporarilyconfined in such jails while undergoing investigation, waiting finaljudgement and those who are serving sentence promulgated by the court3 years and below.

          - created Jan. 2, 1991.          - Charles S. Mondejar - 1st BJMP chief.          - BJMP chief tour of duty, must not exceed 4 years, maybe            extended by President. Grounds:                                   1. In times of war                                   2. other national emergencies.          - Senior superintendent - the rank from which the BJMP chief            is appointed. This is the rank of the BJMP Directors of            the Directorates in the National Headquarters. This is also            the rank of the Regional Director for Jail Management            and Penology.          - Chief of the BJMP - Highest ranking BJMP officer. Appointed            by the President upon recommendation of DILG Secretary. Rank            is Director.          - BJMP Deputy Chief for Administration - the 2nd highest ranking            BJMP officer. Appointed by the President upon recommendation            of the DILG Secretary. Rank is Chief Superintendent.          - BJMP Deputy Chief for Operations - the 3rd highest ranking            BJMP officer. Appointed by the President upon recommendation            of the DILG Secretary. Rank is Chief Superintendent.          - BJMP Chief of the Directorial Staff - the 4th highest BJMP            officer. Appointed by the President upon recommendation of            the DILG Secretary. Rank is Chief Superintendents.

Borstal - a custodial institution for young offenders.

Borstal System - rehabilitation method formerly used in Great Britain fordelinquent boys aged 16 to 21. The idea originated (1895) with theGladstone Committee as an attempt to reform young offenders. The firstinstitution was established (1902) at Borstal Prison, Kent, England.

Branding - stigmatizing is the process in which a mark, usually a symbolor ornamental pattern, is burned into the skin of a living person, withthe intention that the resulting scar makes it permanent as a punishmentor imposing masterly rights over an enslaved or otherwise oppressed person.

Bridewell Prison and Workhouse - was the first correctional institutionin England and was a precursor of the modern prison. Built initially asa royal residence in 1523, Bridewell Palace was given to the city ofLondon to serve as the foundation for as system of Houses of Correction

known as “Bridewells.” These institutions, eventually numbering 200 inBritain, housed vagrants, homeless children, petty offenders,disorderly women, prisoners of war, soldiers, and colonists sentto Virginia.

Bridewell Prison and Hospital - was established in a former royal palacein 1553 with two purposes: the punishment of the disorderly poor andhousing of homeless children in the City of London.

Bureau of Corrections - has for its principal task the rehabilitationof national prisoners, or those sentenced to serve a term of imprisonmentof more than three years.

          - has 7 prison facilities          - 1 prison institution for women          - 1 vocational training centre for juveniles.          - Classification Board - classifies inmates according to            their security status.          - Reception and Diagnostic Centre - (RDC) receives, studies            and classifies inmates committed to Bureau of Corrections.          - Board of Discipline - hears complaints and grievances with            regard to violations of prison rules and regulations.          - Iwahig Penal Farm - established in 1904 upon orders of Gov.            Forbes, then the Sec. of Commerce and police.          - New Bilibid Prison - established in 1941 in Muntinlupa            Camp Bukang Liwayway - minimum security prison.            Camp Sampaguita - medium security prison          - Davao penal Colony - established jan 21, 1932 (RA 3732)          - Sablayan Penal Colony and Farm - established Sept.27, 1954            (Proclamation No.72) location:Occidental Mindoro          - Leyte Regional Prison - established Jan.16, 1973          - Old Bilibid Prison - First Penal Institution in the Phil.            designated as insular penitentiary by Royal Decree in 1865.   

Burning at Stake - a form of ancient punishment by tying the victimin a vertical post and burning him/her.

Cesare Beccaria - an Italian criminologist, jurist, philosopher andpolitician best known for his treaties On Crimes and Punishments (1764),which condemned torture and the death penalty, and was a founding workin the field of penology and the Classical School of criminology

Charles Montesquieu - a french lawyer, who analyzed law as an expressionof justice. He is famous for his articulation of the theory of separationof powers, which is implemented in many constitutions throughout the world.

Code of Justinian -  formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections of laws and legal interpretations developedunder the sponsorship of the Byzantine emperor Justinian I from AD529 to 565.

Commitment Order - is an act of sending a person to prison by means of

such a warrant or order.

Correctional Administration - the study and practice of a system ofmanaging jails and prisons and other institutions concerned with thecustody, treatment and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried outby government agencies, and involving the punishment, treatment, andsupervision of persons who have been convicted of crimes.

Death Row - refers to incarcerated persons who have been sentenced todeath and are awaiting execution.

Deterrence - as contended by Cesare Beccaria, proponent of theclassical theory, that punishment is to prevent others fromcommitting crime.

District Jail - is a cluster of small jails, each having a monthlyaverage population of ten or less inmates, and is located in thevicinity of the court.

Draco - was the first legislator of ancient Athens, Greece, 7th centuryBC. He replaced the prevailing system of oral law and blood feud by awritten code to be enforced only by a court.

Ducking Stool - a chair fastened to the end of a pole, used formerlyto plunge offenders into a pond or river as a punishment.

Dungeon - a dark cell, usually underground where prisoners are confined.

Elmira Reformatory - located in new York, was originally a prison openedto contain Confederate prisoners of war during the Civil War. It becameknown as a “death camp” because of the squalid conditions and high deathrate in its few years of operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory,in New York. In 1876 Zebulon R. Brockway became an innovator in thereformatory movement by establishing Elmira Reformatory for young felons.The Elmira system classified and separated various types of prisoners,gave them individualized treatment emphasizing vocational training andindustrial employment, used indeterminate sentences.

Ergastulum - is a Roman prison used to confine slaves. They were attachedto work benches and forced to do hard labor in period of imprisonment.

Exemplarity - the criminal is punished to serve as an example to othersto deter further commission of crime.

Expiation - (Atonement) execution of punishment visibly or publicly forthe purpose of appeasing a social group. Expiation is a group vengeanceas distinguished from retribution.

First Women's Prison - opened in Indiana 1873. Based on the reformatory

model.

Four Classes of Prisoners   1. Insular or national prisoner – one who is sentenced to a prison term      of three years and one day to death;   2. Provincial prisoner – one who is sentenced to a prison term of six      months and one day to three years;   3. City prisoner – one who is sentenced to a prison term of one day      to three years; and   4. Municipal Prisoner – one who is sentenced to a prison term of one      day to six months.

Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

Fred T. Wilkinson - last warden of the Alcatraz prison.

Galley - a low, flat ship with one or more sails and up to three banksof oars, chiefly used for warfare or piracy and often manned by slavesor criminals.

Goals of Criminal Sentencing          1. Retribution          2. Punishment          3. Deterrence          4. Incapacitation          5. Rehabilitation          6. Reintegration          7. Restoration

Golden Age Of Penology - 1870 - 1880

Guillotine - an ancient form of capital punishment by cutting thehead.

Halfway House - a center for helping former drug addicts, prisoners,psychiatric patients, or others to adjust to life in general society.

Hammurabi's Code - an ancient code which contain both civil and criminallaw. First known codified law prior to Roman law. Better organized andcomprehensive than biblical law. One of its law is lex taliones (an eyefor an eye)

Hedonism - the ethical theory that pleasure (in the sense of thesatisfaction of desires) is the highest good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored,especially for use as storage or (formerly) as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetrationof an organism by an object such as a stake, pole, spear or hook, bycomplete (or partial) perforation of the body, often the central body mass.Killing by piercing the body with a spear or sharp pole.

Institutional Corrections - refers to those persons housed in securecorrectional facilities.

Jail - is defined as a place of confinement for inmates under investigationor undergoing trial, or serving short-term sentences

          Gaol - old name/term of jail.

          Three Types of Detainees          1. Those undergoing investigation;          2. those awaiting or undergoing trial; and          3. those awaiting final judgment

          Jails - holds          a. Convicted offenders serving short sentences          b. Convicted offenders awaiting transfer to prison          c. Offenders who have violated their probation or parole          d. Defendants who are awaiting trial

James V. Bennett - was a leading American penal reformer and prisonadministrator who served as director of the Federal Bureau of Prisons(FBOP) from 1937 to 1964. He was one of the strongest advocates in themovement in persuading Congress to close Alcatraz and replace it witha new maximum-security prison, eventually successful in 1963 whenit closed.

Jean Jacques Villain - pioneered classification to separate women andchildren from hardened criminals.

Jeremy Bentham - a prison reformer, believed that the prisoner shouldsuffer a severe regime, but that it should not be detrimental to theprisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Justice - crime must be punished by the state as an act of retributivejustice, vindication of absolute right and moral law violated by thecriminal.

lapidation - (Stoning) the act of pelting with stones; punishmentinflicted by throwing stones at the victim.

Lex Taliones - an eye for an eye, a tooth for a tooth.

Lockups - Suspects usually stay in a lockup for only 24 to 48 hours.A suspect may later be transferred from the lockup to the jail.

Mamertine Prison -  was a prison (carcer) located in the Comitiumin ancient Rome. It was originally created as a cistern for a springin the floor of the second lower level. Prisoners were lowered throughan opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby

credits, or marks, were awarded for good behaviour, a certain number ofmarks being required for release.

Mittimus - is a process issued by the court after conviction to carryout the final judgment, such as commanding a prison warden to hold theaccused, in accordance with the terms of the judgment. Mittimus isoften attached on the commitment order issued by the court whenever theconvict is to be transferred to prison for service of sentence.

Mortality rate - A measure of the frequency of deaths in a definedpopulation during a specified interval of time.

Mutilation or maiming - an ancient form of punishment, is an act ofphysical injury that degrades the appearance or function of any livingbody, sometimes causing death.

National Prisons Association - was organized in Cincinnati in 1870.

Neo-Classical - children and lunatics should not be punished as theycan not calculate pleasure and pain.

          Classical Theory - pain must exceed pleasure to deter crime.          All are punished regardless of age, mental condition, social          status and other circumstances.

          Positivist Theory - criminal is a sick person and should be          treated and not punished.

          Eclectic - it means selecting the best of various styles          or ideas.

Newgate Prison - not a real prison but an abandoned copper mine ofSimsbury Connecticut. Inmates are confined underground (Black holeof horrors).

Operational capacity - the number of inmates that can be accommodatedbased on a facility's staff, existing programs, and services.

Panopticon - a prison design, allowed a centrally placed observer tosurvey all the inmates, as prison wings radiated out from thiscentral position.

Parole - refers to criminal offenders who are conditionally releasedfrom prison to serve the remaining portion of their sentence in thecommunity.

Parole and Probation Administration (PPA) - was created pursuant toPresidential Decree (P.D.) No.968, as amended, to administer theprobation system. Under Executive Order No. 29221, the ProbationAdministration was renamed as the Parole and Probation Administration,and given the added function of supervising prisoners who, after servingpart of their sentence in jails are released on parole or grantedconditional pardon. The PPA and the Board of Pardons and Parole are

the agencies involved in the non-institutional treatment of offenders.

Penal Management - refers to the manner or practice of managing orcontrolling places of confinement such as jails and prisons.

PD No. 603 - was promulgated to provide for the care and treatment ofyouth offenders from the time of apprehension up to the terminationof the case.

          Under this law, a youth offender is defined as a child, minor          or youth who is over nine years but under eighteen years of          age at the time of the commission of the offence.

Pennsylvania and New York - pioneered the penitentiary movement bydeveloping two competing systems of confinement. The Pennsylvaniasystem and the Auburn system.

          Pennsylvania System - An early system of U.S. penology in          which inmates were kept in solitary cells so that they could          study religious writings, reflect on their misdeeds, and          perform handicraft work.(Solitary System). 

          Auburn System - An early system of penology, originating          at Auburn Penitentiary in New York, under which inmates          worked and ate together in silence during the day and were          placed in solitary cells for the evening.(Congregate System)

Penology - a branch of Criminology that deals with prison managementand reformation of criminals.

          Poene (latin) - penalty          Logos (latin) - science

Pillory - a wooden framework with holes for the head and hands, in whichoffenders were formerly imprisoned and exposed to public abuse.         Prison -  which refers to the national prisons or penitentiaries managedand supervised by the Bureau of Corrections, an agency under theDepartment of Justice.

Prison Hulks - (1776-1857) were ships which were anchored in the Thames,and at Portsmouth and Plymouth. Those sent to them were employed in hardlabour during the day and then loaded, in chains, onto the ship at night.

Prison Reform - is the attempt to improve conditions inside prisons,aiming at a more effective penal system.

Probation - Probation in criminal law is a period of supervision overan offender, ordered by a court instead of serving time in prison.

          John Augustus - Father of Probation. Augustus was born in Woburn,          Massachusetts in 1785. By 1829, he was a permanent resident          of Boston and the owner of a successful boot-making business.

            Father Cook - a chaplain of the Boston Prison visited the courts          and gained acceptance as an advisor who made enquiries into the          circumstances of both adult and juvenile offenders

Provincial Jail - under the office of the Governor. Where the imposablepenalty for the crime committed is more than six months and the same wascommitted within the municipality, the offender must serve his or hersentence in the provincial jail.

          Where the penalty imposed exceeds three years, the offender          shall serve his or her sentence in the penal institutions of          the Bureau of Corrections.

Punishment - the infliction or imposition of a penalty as retributionfor an offence.

Quakers - (or Friends, as they refer to themselves) are members of afamily of religious movements collectively known as the ReligiousSociety of Friends. Many Quakers have worked for reform of the criminaljustice systems of their day. Quakers believe that people can alwayschange: their focus has been on reforms that make positive change morelikely, such as increased opportunities for education, improved prisonconditions, help with facing up to violent impulses, and much else.

          William Penn - founder of the Province of Pennsylvania, the          English North American colony and the future Commonwealth of          Pennsylvania.was the first great Quaker prison reformer.          In his ‘Great Experiment’ in Pennsylvania in the 1680s he          abolished capital punishment for all crimes except murder.          He also stated that ‘prisons shall be workhouses,’ that bail          should be allowed for minor offences’, and ‘all prisons shall          be free, as to fees, food and lodgings’. He provided for          rehabilitation, as he stipulated that prisoners should be          helped to learn a trade, so that they could make an honest          living when they were released.

          John Bellers - (1654-1725) was the earliest British Friend to          pay serious and systematic attention to social reform. He          pleaded for the abolition of the death penalty, the first          time this plea had been made. He argued that criminals were          the creation of society itself and urged that when in prison          there should be work for prisoners so that they might return          to the world with an urge to industry.

          Elizabeth Fry-  (1780-1845) was the most famous of Quaker          reformers, though others were equally influential in raising          public awareness. Reforms such as the separation of women and          children from men and the development of purposeful activity          of work or education came about through pressure from          informed people.

RA 6975 - sec.60 to 65, created the BJMP.

RA 10575 - The Bureau of Corrections Act of 2013.

Rack - a form of torture or punishment wherein pain is inflicted toto the body through stretching.

Rated Capacity - the number of beds or inmates assigned by a ratingofficial to institutions within the jurisdiction.

Reformation - the object of punishment in a criminal case is to correctand reform the offender.

Reformatory Movement - The reformatory movement was based on principlesadopted at the 1870 meeting of the National Prison Association.

          The reformatory was designed:          a. for younger, less hardened offenders.          b. based on a military model of regimentation.          c. with indeterminate terms.          d. with parole or early release for favorable progress             in reformation.

Rehabilitation - to restore a criminal to a useful life, to a life inwhich they contribute to themselves and to society.

Retribution - punishment inflicted on someone as vengeance for a wrongor criminal act.

Security Level - A designation applied to a facility to describe themeasures taken, both inside and outside, to preserve security and custody.

          The simplest security level categorization is:          a. maximum           b. medium          c. minimum

          Maximum - security facilities are characterized by very          tight internal and external security.                   Common security measures include: (Maximum)          - A high wall or razor-wire fencing          - Armed-guard towers          - Electronic detectors          - External armed patrol          - A wide, open buffer zone between the outer wall or fence            and the community.          - Restrictions on inmate movement          - The capability of closing off areas to contain riots or            disruptions.

          Houses the following inmates:          - Those sentenced to death          - Those sentenced with min. 20 years

          - Those remanded inmates/detainees with min. 20 years sentence          - Those whose sentences is under review by SC (min.20 years)          - Those whose sentences is under appeal (min.20 years)          - Those with pending cases          - Those who are recidivist

          Ultra-Maximum/Super-Maximum Security Prison -  house notorious          offenders and problem inmates from other institutions.          These institutions utilize: Total isolation of inmates,          Constant lockdowns

          Medium-security institutions - place fewer restrictions on          inmate movement inside the facility.

          Characteristics often include:(Medium)          - Dormitory or barracks-type living quarters          - No external security wall          - Barbed wire rather than razor wire          - Fences and towers that look less forbidding

          Houses the following inmates:          - Those sentenced to less than 20 years

          Minimum-security prisons - are smaller and more open.                      They often house inmates who:          - Have established records of good behavior          - Are nearing release

          Characteristics often include:(Minimum)          - Dormitory or barracks living quarters          - No fences          - Some inmates may be permitted to leave during the day            to work or study.          - Some inmates may be granted furloughs

Sing Sing Prison - was the third prison built by New York State. It isa maximum security prison.

Sir Evelyn Ruggles Brise - was a British prison administrator andreformer, and founder of the Borstal system.

Sir Walter Crofton - the director of Irish prisons. In his program,known as the Irish system, prisoners progressed through three stages ofconfinement before they were returned to civilian life. The first portionof the sentence was served in isolation. After that, prisoners wereassigned to group work projects.

Stocks - instrument of punishment consisting of a heavy timber frame withholes in which the feet  and sometimes the hands of an offender canbe locked.

Three major government functionaries involved in the Philippine 

correctional system:          1. DOJ          2. DILG          3. DSWD

          DOJ - supervises the national penitentiaries through the          Bureau of Corrections, administers the parole and probation          system through the Parole and Probation Administration, and          assists the President in the grant of executive clemency through          the Board of Pardons and Parole.

          DILG - supervises the provincial, district, city and municipal          jails through the provincial governments and the Bureau of          Jail Management and Penology, respectively.

          DSWD - supervises the regional rehabilitation centres for          youth offenders through the Bureau of Child and Youth Welfare.

Transportation - a punishment in which offenders were transported fromtheir home nation to one of that nation's colony to work.

Twelve Tables - The Law of the Twelve Tables (Latin: Leges DuodecimTabularum or Duodecim Tabulae) was the ancient legislation that stoodat the foundation of Roman law. Established basic procedural rightsfor all Roman citizens as against one another

Underground Cistern - a reservoir for storing liquids, underground tankfor storing water. This was also used prison in ancient times.

Utilitarianism - a tradition stemming from the late 18th- and 19th-centuryEnglish philosophers and economists Jeremy Bentham and John Stuart Millthat an action is right if it tends to promote happiness and wrong ifit tends to produce the reverse of happiness—not just the happiness ofthe performer of the action but also that of everyone affected by it.

Voltaire - believes that fear of shame is a deterrent to crime.

Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1ststate prison. Inmates labored in solitary cells and received largedoses of religious training.

Workhouses - European forerunners of the modern U.S. prison, whereoffenders were sent to learn discipline and regular work habits.

Zebulon Reed Brockway - was a penologist and is sometimes regarded asthe Father of prison reform and  Father of American Parole in theUnited States.