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Evidence Reviewer

Admission - any statement of fact made by a party against his interest


or unfavorable to the conclusion for which he contends or is inconsistent
with the facts alleged by him.
Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Burden Of Evidence - logical necessity on a
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.
Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present
evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law.
Character - the aggregate of the moral qualities which belong to and
distinguish an individual person.
Circumstantial Evidence - is the proof of a fact or facts from which
taken either singly or collectively, the existence or a particular
fact in dispute may be inferred as a necessary or probable consequence.
Common Reputation - is the definite opinion of the community in which
the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.
Competency Of A Witness - is the legal fitness or ability of a witness
to be heard on the trial of a cause.
Competent Evidence - one that is not excluded by this Rules, a statute
or the Constitution.
Compromise - is an agreement made between two or more parties as a
settlement matters in dispute.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt made by an accused
in a criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but alleges
a 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 state
of facts.
Demonstrative Evidence - is a tangible evidence that merely illustrates
a 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 the
aid 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 upon
it by marks capable of being read.
- is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.
Documentary Evidence - evidence supplied by written instruments or derived
from conventional symbols, such as letters, by which ideas are represented
on material substances.
Dying Declaration - The ante mortem statements made by a person after
the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances
surrounding the attack.
Equipose Rule - Where the evidence gives rise to two probabilities,
one consistent with defendants innocence, and another indicative of
his guilt, that which is favorable to the accused should be considered.
Estoppel By Deed the tenant is not permitted to deny title of his
landlord at the time of the commencement of the land-lord tenant
relationship. If the title asserted is one that is alleged to have been
acquired subsequent to the commencement of that relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately lead another to believe a
particular thing to be true and act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
permitted to falsify it.
Expert Witness - one who belongs to the profession or calling to which
the subject matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.
Express Admissions - are those made in definite, certain and unequivocal
language.

Extra Judicial Admissions - are those made out of court, or in a judicial


proceeding 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 prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.
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 factum
probandum is to be established. Materials which establish the proposition.
Hearsay Rule - Any evidence, whether oral or documentary is hearsay if
its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
stand.
Impeaching Evidence - a proper foundation must be laid for the impeaching
questions, by calling attention of such party to his former statement
so as to give him an opportunity to explain before such admissions are
offered in evidence.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an ambiguity partakes of the
nature of both patent and latent. In this, the words are seemingly
clear and with a settled meaning, is actually equivocal and admits of
two interpretations. Here, parol evidence is admissible to clarify
the 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 the
pleadings which one side affirms, and the other side denies.

Judicial Admissions - are those so made in the pleadings filed or in


the progress of a trial.
- It is one made in connection with a judicial
proceeding in which it is offered, while an extrajudicial admission
is any other admission.

Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.

Material Evidence - evidence directed to prove a fact in issue as


determined by the rules of substantive law and pleadings. The test is
whether the fact it intends to prove is an issue or not. AS to whether
a 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 confessions
on file. Consequently, evidence may be relevant but may be immaterial
in the case.

Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.

Object Evidence - is a tangible object that played some actual role on


the matter that gave rise to the litigation. For instance, a knife.
Objective or Real Evidence - directly addressed to the senses of the
court and consist of tangible things exhibited or demonstrated in open
court, in an ocular inspection, or at place designated by the court
for 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 in
contrarium all things are presumed to have been done regularly and
with 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 is
of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
may be of value in elucidating a matter under consideration.

Parole Evidence - any evidence aliunde, whether oral or written, which


is intended or tends to vary or contradict a complete and enforceable
agreement embodied in a document.
Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on

the face of the writing itself and requires something to be added in


order to ascertain the meaning of the words used. In this case, parol
evidence is not admissible, otherwise the court would be creating a
contract between the parties.
Pedigree - includes relationship, family genealogy, birth, marriage,
death, the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family history
intimately connected with pedigree.
Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.
Presumption - An inference as to the existence or non-existence of a
fact 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 or
uncontradicted, is sufficient to maintain the proposition affirmed.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.
Privies - those who have mutual or successive relationship to the
same right of property or subject matter, such as personal
representatives, heirs, devisees, legatees, assigns, voluntary grantee
or 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 quantum
of 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 to


prove any matter provable in an action. The test is the logical relation
of the evidentiary fact to the fact in issue, whether the former tends
to 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 transaction
necessary to illustrate its character and also includes acts, words,
or declarations which are closely connected therewith as to constitute

part of the transaction.


Rule Of Exclusion - that which is secondary evidence cannot inceptively
be 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 and


is permitted by law only when the best evidence is not available.
Known as the substitutionary evidence.
- shows that better or primary evidence exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been made extrajudicially
by the party to favor his interests. It is not admissible in evidence.

Testimonial Evidence - is that which is submitted to the court through


the testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether organic or functional, or


induced by drugs or hypnosis.

Witness - reference to a person who testifies in a case or gives evidence


before a judicial tribunal.

Criminal Law Reviewer Book 2

Abduction - the taking away of a woman from her house or the place
where she may be for the purpose of carrying her to another place
with 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 proper
prescription of a physician. If pharmacist knew that the abortive would
be use for abortion, she would be liable as an accomplice in the crime
of abortion.
Acts Of Lasciviousness - Committed under circumstances w/c, had there
been carnal knowledge, would amount to rape. Offended party is a
female or male.
Adherence intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his countrys policy or interest.
Agent Of Person In Authority any person who, by direct provision of
law or by election or by appointment by competent authority, is charged
with the maintenance of public order and the protection and security
of life and property.
Aid or Comfort act w/c strengthens or tends to strengthen the enemy
of the government in the conduct of war against the government, or an
act w/c weakens or tends to weaken the power of the government or

the country to resist or to attack the enemies of the govt or country.


Alarms and Scandal - The essence of the crime is disturbance of public
tranquility and public peace. Any kind of disturbance of public order
where the circumstance at the time renders the act offensive to the
tranquility prevailing, the crime is committed.
Allegiance obligation of fidelity and obedience which individuals
owe to the government under which they live or to the sovereign, in
return for protection they receive.
Certificate - any writing by which testimony is given that a fact has
or 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 understanding
between two or more persons in the form of a contract, trust, pool,
holding company or other form of association, for the purpose of
unduly restricting competition, monopolizing trade and commerce in a
certain 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 monopoly
refers to the end.
Conspiracy - when two or more persons come to an agreement to rise
publicly and take arms against government for any of the purposes of
rebellion 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 or
collectively. Committed through force, violation, intimidation, threat,
strategy or stealth.
Customs - refer to established usage, social conventions carried on by
tradition 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 by
failing to deliver such person to the proper judicial authority within
a certain period. Detention is for some legal ground.
Dereliction of Duty - Committed only by public officers who have the
duty to institute prosecution for the punishment of violations of
the law. Public officer does not abandon his office but merely fails
to prosecute a violation of the law.
Direct Assault - The Public Authority or the Agent of the Public

Authority must be engaged in the performance of official duties or


that he is assaulted by reason thereof.
Direct Bribery - the officer agrees to perform or refrain from doing
an 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 house
of prostitution).
Document - any written statement by which a right is established or
an obligation is extinguished.
Duel - is a formal or regular combat previously consented to by two
parties in the presence of two or more seconds of lawful age on
each 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 losing
information respecting the national defense with intent or reason to
believe that the information is to be used to the injury of the Republic
of 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 personal
property.
False Testimony - committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a hearing
before a competent authority, shall deny the truth or say
something contrary to it.
Forgery - The essence of forgery is giving a document the appearance
of a true and genuine document. Not any alteration of a letter, number,
figure or design would amount to forgery. At most, it would only be
frustrated forgery.
Grave scandal - consists of acts which are offensive to decency and
good customs. They are committed publicly and thus, give rise to
public scandal to persons who have accidentally witnessed the acts.
Illegal Detention - Committed by a Committed by private individual
public officer or who unlawfully employee who deprives a person
detains a person of his liberty.

Illegal Exactions - This can only be committed principally


by a public officer whose official duty is to collect taxes, license
fees, import duties and other dues payable to the government.
Mere demand of a larger or different amount is sufficient to consummate
the crime. The essence is the improper collection (damage to government
is not required)
Illegal marriage - Illegal marriage includes also such other marriages
which are performed without complying with the requirements of law, or
marriages where the consent of the other is vitiated, or such marriage
which 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 like
in order to incriminate an innocent person.
Inducing A Minor To Abandon His Home - What constitutes the crime is
the act of inducing a minor to abandon his home of his guardian, and
it 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 following
embarkation until the same doors are again opened for disembarkation.
Insurrection - more commonly employed in reference to a movement which
seeks merely to effect some change of minor importance, or to prevent
the exercise of governmental authority with respect to particular
matters or subjects.
Interlocutory Order - one issued by the court deciding a collateral
or incidental matter; it is not a final determination of the issues
of the action or proceeding.
Intriguing Against Honor - is referred to as gossiping: the offender,
without ascertaining the truth of a defamatory utterance, repeats the
same 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 not
have done.

Malversation - is otherwise called embezzlement. Crime is committed


by approaching, taking, or misappropriating/consenting, or through
abandonment or negligence, permitting any other person to take the
public funds/property.
Manifestly Unjust Judgment manifestly contrary to law that even a
person having meager knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment.
Medical Malpractice - which is a form of negligence, consists in the
failure of a physician or surgeon to apply to his practice of medicine
that degree of care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like surrounding
circumstances.
Misfeasance - Improper doing of an act which a person might lawfully do.
Monopoly - is a privilege or peculiar advantage vested in one or more
persons or companies, consisting in the exclusive right or power to
carry on a particular business or trade, manufacture a particular
article, or control the sale or the whole supply of a particular
commodity. 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 of
commotions and disturbances on board a ship against the authority of
its commander.
Negligence - Failure in advertence.
Nonfeasance - Failure of an agent to perform his undertaking for
the principal.
Perjury by Making False Accusations - giving of false statement under
oath or making a false affidavit, imputing to the person the commission
of a crime.
Person In Authority any person directly vested with jurisdiction,
whether as an individual or as a member of some court or governmental
corporation, board or commission.
Piracy - it is robbery or forcible depredation on the high seas, without
lawful authority and done with animo furandi and in the spirit and
intention 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 political
purpose. The decisive factor is the intent or motive.
Prevaricacion - means the negligence and tolerance in the prosecution

of an offense.
Proposal - when the person who has decided to rise publicly and take
arms against the government for any of the purposes of rebellion
proposes its execution to some other person or persons.
Prostitutes - women who habitually(not just 1 man) indulge in sexual
intercourse or lascivious conduct for money or profit (If a man
indulges in the same conduct, the crime committed is vagrancy.)
Quasi-Recidivism - Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense.
Rebellion - more frequently used where the object of the movement is
completely to overthrow and supersede the existing government.
Revealing Secrets With Abuse Of Office - Essence of this crime is
that the offender learned of the secret in the course of his employment.
He is enjoying a confidential relation with the employer or master
so 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 promise
of marriage or other means of persuasion without use of force. It
applies when there is abuse of authority (qualified seduction) or
deceit (simple seduction).
Service Mark is a mark used in the sale or advertising of services
to identify the services of one person and distinguish them from the
services of others and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names, and distinctive
features of radio or other advertising.
Slavery - This is committed if anyone shall purchase, kidnap, or
detain 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 an
advertisement, sign, label, poster, or otherwise, for the purpose of
enabling the public to distinguish the business of the person who
owns and uses said trade-name or trade-mark.
Treason breach of allegiance to the government by a person who owes
allegiance to it. The levying of war against the government would
constitute treason when performed to aid the enemy.

Tumultuous - caused by more than 3 persons who are armed or provided with
means of violence.
Unfair Competition - consists in employing deception or any other means
contrary to good faith by which any person shall pass off the goods
manufactured by him or in which he deals, or his business, or services
for those of the one having established goodwill, or committing any acts
calculated to produce such result.
Unintentional Abortion - requires physical violence inflicted deliberately
and voluntarily by a third person upon the pregnant woman. If the pregnant
woman aborted because of intimidation, the crime committed is not
unintentional abortion because there is no violence; the crime committed
is light threats.
Unlawful Arrest - This felony consists in making an arrest or detention
without legal or reasonable ground for the purpose of delivering the
offended party to the proper authorities.
Vagrants - Those who have no apparent means of subsistence and who have
the physical ability to work yet neglect to apply themselves to some
useful 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 prison
from 1933 until 1963.
Alexander Maconochie - was a Scottish naval officer, geographer, and
penal 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 second
state prison in New York, the site of the first execution by electric
chair in 1890. It uses the silent or congregate system.
Banishment - a punishment originating in ancient times, that required
offenders to leave the community and live elsewhere, commonly in the
wilderness.
BJMP - (Bureau of Jail Management and Penology) government agency
mandated by law (RA 6975) to take operational and administrative control
over all city, district and municipal jails.
It takes custody of detainees accused before a court who are temporarily
confined in such jails while undergoing investigation, waiting final
judgement and those who are serving sentence promulgated by the court
3 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 for
delinquent boys aged 16 to 21. The idea originated (1895) with the
Gladstone Committee as an attempt to reform young offenders. The first
institution was established (1902) at Borstal Prison, Kent, England.
Branding - stigmatizing is the process in which a mark, usually a symbol
or ornamental pattern, is burned into the skin of a living person, with
the intention that the resulting scar makes it permanent as a punishment
or imposing masterly rights over an enslaved or otherwise oppressed person.
Bridewell Prison and Workhouse - was the first correctional institution
in England and was a precursor of the modern prison. Built initially as
a royal residence in 1523, Bridewell Palace was given to the city of
London to serve as the foundation for as system of Houses of Correction
known as Bridewells. These institutions, eventually numbering 200 in
Britain, housed vagrants, homeless children, petty offenders,
disorderly women, prisoners of war, soldiers, and colonists sent
to Virginia.
Bridewell Prison and Hospital - was established in a former royal palace
in 1553 with two purposes: the punishment of the disorderly poor and
housing of homeless children in the City of London.
Bureau of Corrections - has for its principal task the rehabilitation
of national prisoners, or those sentenced to serve a term of imprisonment
of 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 victim


in a vertical post and burning him/her.
Cesare Beccaria - an Italian criminologist, jurist, philosopher and
politician best known for his treaties On Crimes and Punishments (1764),
which condemned torture and the death penalty, and was a founding work
in the field of penology and the Classical School of criminology
Charles Montesquieu - a french lawyer, who analyzed law as an expression
of justice. He is famous for his articulation of the theory of separation
of 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 developed
under the sponsorship of the Byzantine emperor Justinian I from AD
529 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 of
managing jails and prisons and other institutions concerned with the
custody, treatment and rehabilitation of criminal offenders.
Corrections - describes a variety of functions typically carried out
by government agencies, and involving the punishment, treatment, and
supervision of persons who have been convicted of crimes.
Death Row - refers to incarcerated persons who have been sentenced to
death and are awaiting execution.
Deterrence - as contended by Cesare Beccaria, proponent of the
classical theory, that punishment is to prevent others from
committing crime.
District Jail - is a cluster of small jails, each having a monthly
average population of ten or less inmates, and is located in the

vicinity of the court.


Draco - was the first legislator of ancient Athens, Greece, 7th century
BC. He replaced the prevailing system of oral law and blood feud by a
written code to be enforced only by a court.
Ducking Stool - a chair fastened to the end of a pole, used formerly
to 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 opened
to contain Confederate prisoners of war during the Civil War. It became
known as a death camp because of the squalid conditions and high death
rate 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 the
reformatory 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 and
industrial employment, used indeterminate sentences.
Ergastulum - is a Roman prison used to confine slaves. They were attached
to work benches and forced to do hard labor in period of imprisonment.
Exemplarity - the criminal is punished to serve as an example to others
to deter further commission of crime.
Expiation - (Atonement) execution of punishment visibly or publicly for
the purpose of appeasing a social group. Expiation is a group vengeance
as 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 banks

of oars, chiefly used for warfare or piracy and often manned by slaves
or criminals.
Goals of
1.
2.
3.
4.
5.
6.
7.

Criminal Sentencing
Retribution
Punishment
Deterrence
Incapacitation
Rehabilitation
Reintegration
Restoration

Golden Age Of Penology - 1870 - 1880


Guillotine - an ancient form of capital punishment by cutting the
head.
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 criminal
law. First known codified law prior to Roman law. Better organized and
comprehensive than biblical law. One of its law is lex taliones (an eye
for an eye)
Hedonism - the ethical theory that pleasure (in the sense of the
satisfaction 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 penetration
of an organism by an object such as a stake, pole, spear or hook, by
complete (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 secure
correctional facilities.
Jail - is defined as a place of confinement for inmates under investigation
or 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 prison
administrator who served as director of the Federal Bureau of Prisons
(FBOP) from 1937 to 1964. He was one of the strongest advocates in the
movement in persuading Congress to close Alcatraz and replace it with
a new maximum-security prison, eventually successful in 1963 when
it closed.
Jean Jacques Villain - pioneered classification to separate women and
children from hardened criminals.
Jeremy Bentham - a prison reformer, believed that the prisoner should
suffer a severe regime, but that it should not be detrimental to the
prisoner'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 retributive
justice, vindication of absolute right and moral law violated by the
criminal.
lapidation - (Stoning) the act of pelting with stones; punishment
inflicted 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 Comitium
in ancient Rome. It was originally created as a cistern for a spring
in the floor of the second lower level. Prisoners were lowered through
an 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 of
marks being required for release.
Mittimus - is a process issued by the court after conviction to carry
out the final judgment, such as commanding a prison warden to hold the
accused, in accordance with the terms of the judgment. Mittimus is
often attached on the commitment order issued by the court whenever the
convict is to be transferred to prison for service of sentence.
Mortality rate - A measure of the frequency of deaths in a defined
population during a specified interval of time.
Mutilation or maiming - an ancient form of punishment, is an act of

physical injury that degrades the appearance or function of any living


body, sometimes causing death.
National Prisons Association - was organized in Cincinnati in 1870.
Neo-Classical - children and lunatics should not be punished as they
can 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 of
Simsbury Connecticut. Inmates are confined underground (Black hole
of horrors).
Operational capacity - the number of inmates that can be accommodated
based on a facility's staff, existing programs, and services.
Panopticon - a prison design, allowed a centrally placed observer to
survey all the inmates, as prison wings radiated out from this
central position.
Parole - refers to criminal offenders who are conditionally released
from prison to serve the remaining portion of their sentence in the
community.
Parole and Probation Administration (PPA) - was created pursuant to
Presidential Decree (P.D.) No.968, as amended, to administer the
probation system. Under Executive Order No. 29221, the Probation
Administration was renamed as the Parole and Probation Administration,
and given the added function of supervising prisoners who, after serving
part of their sentence in jails are released on parole or granted
conditional 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 or
controlling places of confinement such as jails and prisons.
PD No. 603 - was promulgated to provide for the care and treatment of
youth offenders from the time of apprehension up to the termination
of 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 by
developing two competing systems of confinement. The Pennsylvania
system 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 management
and reformation of criminals.
Poene (latin) - penalty
Logos (latin) - science
Pillory - a wooden framework with holes for the head and hands, in which
offenders were formerly imprisoned and exposed to public abuse.
Prison - which refers to the national prisons or penitentiaries managed
and supervised by the Bureau of Corrections, an agency under the
Department 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 hard
labour 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 over
an 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 imposable
penalty for the crime committed is more than six months and the same was
committed within the municipality, the offender must serve his or her
sentence 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 retribution
for an offence.
Quakers - (or Friends, as they refer to themselves) are members of a
family of religious movements collectively known as the Religious
Society of Friends. Many Quakers have worked for reform of the criminal
justice systems of their day. Quakers believe that people can always
change: their focus has been on reforms that make positive change more
likely, such as increased opportunities for education, improved prison
conditions, 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 to
to the body through stretching.
Rated Capacity - the number of beds or inmates assigned by a rating

official to institutions within the jurisdiction.


Reformation - the object of punishment in a criminal case is to correct
and reform the offender.
Reformatory Movement - The reformatory movement was based on principles
adopted 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 in
which they contribute to themselves and to society.
Retribution - punishment inflicted on someone as vengeance for a wrong
or criminal act.
Security Level - A designation applied to a facility to describe the
measures 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 is
a maximum security prison.
Sir Evelyn Ruggles Brise - was a British prison administrator and
reformer, 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 of
confinement before they were returned to civilian life. The first portion
of the sentence was served in isolation. After that, prisoners were
assigned to group work projects.
Stocks - instrument of punishment consisting of a heavy timber frame with
holes in which the feet and sometimes the hands of an offender can
be 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 from
their home nation to one of that nation's colony to work.
Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim
Tabularum or Duodecim Tabulae) was the ancient legislation that stood
at the foundation of Roman law. Established basic procedural rights
for all Roman citizens as against one another
Underground Cistern - a reservoir for storing liquids, underground tank
for storing water. This was also used prison in ancient times.
Utilitarianism - a tradition stemming from the late 18th- and 19th-century
English philosophers and economists Jeremy Bentham and John Stuart Mill
that an action is right if it tends to promote happiness and wrong if
it tends to produce the reverse of happinessnot just the happiness of
the 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 1st
state prison. Inmates labored in solitary cells and received large
doses of religious training.
Workhouses - European forerunners of the modern U.S. prison, where
offenders were sent to learn discipline and regular work habits.
Zebulon Reed Brockway - was a penologist and is sometimes regarded as
the Father of prison reform and Father of American Parole in the
United States.