CRIMINAL LAW DEFINITION OF TERMS

1. CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their nature, and provides for

their punishment.2. CRIME - crime is defined as an act committed or omitted in

violation of public law forbidding or commanding it.3. GENERAL ( characteristic of criminal law ) - general, in that

criminal law is binding on all persons who live or sojourn in Philippine territory.

4. TERRITORIAL ( characteristic of criminal law ) - in that criminal law undertakes to punish crimes committee within Philippine

territory.5. PROSPECTIVE ( characteristic of criminal law ) - in that a penal law

cannot make an act punishable in a manner in which it was not punishable when committed.

6. FRENCH RULE - such crimes are not triable in courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is

endangered.7. ENGLISH RULE - such crimes are triable in that country,

unless they merely affect things within the vessel or they refer to the internal management thereof.

8. FELONIES - felonies are acts and omissions punishable by the revised penal code.

9. ACT - any bodily movement tending to produce some effect in the external world.

10.OMISSION - is meant inaction, the failure to perform a positive duty which one is bound to do.

11. MISTAKE OF FACT - is a misapprehension of fact on the part of the person who caused injury to another.

12. MALA IN SE - wrongful from their nature, those so serious in their effects on society as to call for the almost unanimous

condemnation of its members and defined and penalized by the Revised Penal Code.

13. MALA PROHIBITA - wrong merely because prohibited by statute, are violations of mere rules of convenience

designed to secure a more orderly regulation of the affairs of society. The term mala prohibita refers generally to acts made

criminal by special laws.14. INTENT - intent is the purpose to use a particular means to

effect such result.15. MOTIVE - motive is the moving power which impels one to

action for a definite result.16. CONSUMMATED FELONY - a felony is consummated when all the

elements necessary for its execution and accomplishment arepresent.

17. FRUSTRATED FELONY - when the offender performs all the acts of execution which would produce the felony as a consequence

but which nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

18. ATTEMPTED FELONY - when the offender commences the commission of a felony directly by overt acts, and does not

perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own

spontaneous desistance.19. OVERT ACTS - an overt act is some physical activity or deed,

indicating the intention to commit a particular crime , more than a mere planning or preparation , which if carried to its complete

termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of

the perpetrator, will logically and necessarily ripen into a concrete offense.

20. INDETERMINATE OFFENSE - one where purpose of offender in the performing an act is not certain. Its nature in relation to

its objective is ambiguous.

21. CONSPIRACY - conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and

decide to commit it.22. PROPOSAL - there is a proposal when the person who has

decided to commit a felony proposes its execution to some other person or persons.

23. IMPUTABILITY - is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act

committed has been freely and consciously done and may, therefore, be put down to the doer as his very own.

24.RESPONSIBILITY - is the obligation of suffering the consequences of crime. It is the obligation of taking the

penal and civil consequences of the crime.25.GUILT - guilt is an element of responsibility, for a man

cannot be made to answer for the consequences of a crime unless he is guilty.

26. GRAVE FELONIES - are those to which the law attaches the capital

punishment or penalties which in any of their periods areafflictive.

27. LESS GRAVE FELONIES - are those which the law punishes with penalties which in their maximum period are correctional.

28. LIGHT FELONIES - are those infractions of law for the commission of which the penalty of arresto meno r or a fine not

exceeding 200 pesos, is provided.

29. JUSTIFYING CIRCUMSTANCES - are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free

from both criminal and civil liability.30. EXEMPTING CICUMSTANCES - (non-imputability) - are those

grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which

make the act voluntary, or negligent.

31. MITIGATING CIRCUMSTANCES - those which, if present in the commission of the crime, do not entirely free the actor from

criminal liability but only serve to reduce the penalty.32. AGGRAVATING CIRCUMSTANCES - are those which, if attendant

in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.

33.GENERIC - (kind of aggravating circumstances) - those that can generally apply to all crimes.

34.SPECIFIC - (kind of aggravating circumstances) - those that apply only to particular crime.

35. QUALIFYING - (kind of aggravating circumstances) - those that change the nature of the crime.

36. INHERENT - (kind of aggravating circumstances) - those that must of necessity accompany the commission of the crime.

37. ALTERNATIVE CIRCUMSTANCES - aggravating or mitigating according to the nature and effect of the crime and other conditions attending its commission.

38. INSTIGATION - public officer or private detective induces an innocent person to commit a crime and would arrest him upon

or after the commission of the crime by him.39. ENTRAPMENT - a person has planned or is about to commit

crime and ways and means are resorted to by a public officer to trap and catch the criminal; not a defense.

40. ACCIDENT - any happening beyond control of persons, consequences of which are not foreseeable.

41. TREACHERY - when the offender commits any of the crime against the person , employing means, methods or forms in

the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from

the defense which the offended party might make.42. IGNOMINY - moral suffering

43. CRUELTY - deliberate intention to prolong physical suffering of the victim.

44. HABITUAL DELINQUENCY- within 10 years from last release or last conviction of the crime of falsification, robbery,

estafa, theft, serious or less serious physical injuries, the offender is found guilty of any of said crimes a third time or oftener.

45. RECIDIVISM - when the time of trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the revised penal code.

46. QUASI-RECIDIVISM - commits a felony after having been convicted by final judgment, before beginning to serve

such, or while serving the same, shall be punished by maximum period of penalty prescribed by law for new felony.

47. REITARACION or HABITUALITY - accused is on trial for an offense, he has previously serves sentence for another

offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches

lighter penalty than that for the new offense and that he is convicted of the new offense.

48.OFFENSE - is an act or omission that is punishable by special laws such as Republic Acts, Presidential Decrees,

Executive Orders, Memorandum Circulars, Ordinances and Rules and Regulations.

49.PENALTY - penalty is the suffering that is inflicted by the State for the transgression of a law.

50. COMPLEX CRIMES - when a single act constitutes two or more grave or less, grave felonies, or when an offense is a

necessary means for committing the other, the penalty for the most serious crime shall be imposed.

51. CONTINUED CRIME - a continued crime is a single crime, consisting of a series of acts but all arising from one

criminal resolution.52. ABERRATIO ICTUS - mistake in the blow53. ERROR IN PERSONAE - mistake in the identity of the victim54. PRAETER INTENTIONEM - the injurious result is greater than

that intended.55. RESTITUTION - In theft, the culprit is duty bound to return

the property stolen.56. REPARATION - in case of inability to return the property

stolen, the culprit must pay the value of the propertystolen.

57. APPEAL - a request to a higher (appellate) court for that court to review and change the decision of a lower court

58. ASSAULT - a threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another

person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat

to commit a battery.59. ACQUITTAL - a jury verdict that a criminal defendant is not

guilty or the finding of a judge that the evidence is insufficient to support a conviction.

60. BATTERY - the application of force to another, resulting in harmful or offensive contact.

61. BRIBERY - The corrupt payment, receipt, or solicitation of a private favor for official action.

62. COUNTERFEITING - the forging, copying, or imitating of something (usually money) without a right to do so and with

the purpose of deceiving or defrauding.

63.TREASON - is a breach of allegiance to a government committed by a person who owes allegiance to it.

64. ALLEGIANCE - is meant the obligation of fidelity and obedience which the individuals owe to the government under

which they live or to their sovereign, in return for the protection they receive.

65. NEUTRALITY - a nation or power which takes no part in a contest of arms going on between others is referred to as

neutral.66. CORRESPONDENCE - is communication by means of letters, or

it may refer to the letters which pass between those who have friendly or business relations.

67. DOCUMENT - is any written statement by which a right is established or an obligation extinguished. A document is a

writing or instrument by which a fact may be proven andaffirned.

68. 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.69. MUTINY - it is the unlawful resistance to a superior

officer, or the raising of commotions and disturbances on board a ship against the authority of its commander.

70. PROBABLE CAUSE - probable cause can be defined as such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the

object sought in connection with the offense are in the place sought to searched.

71. SEARCH WARRANT - is an order in writing issued in the name of the People of the Philippines signed by a judge and directed

to a peace officer, commanding him to search for personal property described therein and bring it before the court.

72. MISPRISION OF TREASON - every person owing allegiance to the government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against

them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the

province, or the mayor or the fiscal of the city in which heresides.

73. SEDITION - in its general sense, is the raising of commotions or disturbances in the State.

74. CHARIVARI - the term charivari includes a medley of discordant voices, a mock serenade of discordant noises

made on kettles, tins horns, etc.., designed to annoy andinsult.

75. . ESPIONAGE - Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to

obtain any information, plans, photographs, or other data of a confidential nature relative to the defence of the

Philippine Archipelago; or (2) Being in possession, by reason of the public office he holds, of the articles, data,

or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign

nation.76. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS . - The

penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon

any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or

liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or

property.77. VIOLATION OF NEUTRALITY - The penalty of prision

correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved,

violates any regulation issued by competent authority for the purpose of enforcing neutrality.

78. FLIGHT TO ENEMY’S COUNTRY - The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to

the Government, attempts to flee or go to an enemy country when prohibited by competent authority.

79. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS - The penalty of reclusion temporal shall be inflicted upon any person

who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its

equipment, or personal belongings of its complement orpassengers

80. EXPULSION - The penalty of prision correccional shall be imposed upon any public officer or employee who, not being

thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.

81. VIOLATION OF DOMICILE - The penalty of prision correccional in its minimum period shall be imposed upon any public

officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the

owner thereof, search papers or other effects found therein without the previous consent of such owner, or having

surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.

82. DWELLING - means any building or structure exclusively devoted for rest and comfort as distinguished from places devoted to business, offices, etc..,

83. INHABITED HOUSE - is any shelter, ship or vessel constituting the dwelling of one or more persons even though

the inhabitants thereof are temporarily.

84. PUBLIC BUILDING - is every building owned by the government or belonging to a private person but used or rented by the

government, although temporarily unoccupied by the same.85. PREMISES - premises signifies distinct and definite

locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed.

86. GRAVE THREATS - any person who shall threaten another with the infliction upon the person, honor, or property of the

latter or of his family of any wrong amounting to a crime.87. UNJUST VEXATION - unjust vexation includes any human

conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.

88. SEIZE - it means to place in the control of someone a thing or to give him the possession thereof.

89. ROBBERY - is the taking of personal property belonging to another, with intent to gain, by means of violence against,

or intimidation of any person, or using force upon things.90. FALSE KEYS - are genuine keys stolen from the owner or any

keys other than those intended by the owner for use in the lock forcibly opened by the offender.

91. BRIGANDAGE - is a crime committed by more than three armed persons who form a band of robbers for the purpose of

committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain ransom, or for any

other purpose to be attained by means of force and violence.92. PHILIPPINE HIGHWAY - it shall refer to any road, street,

passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons,

or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods,

articles, or property or both.93. THEFT - theft is committed by any person who, with intent to

gain but without violence against or intimidation of

persons nor force upon things, shall take personal property of another without the latter’s consent.

94. FENCING - is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess,

keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item,

object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

95. ENCUMBRANCE - the term incumbrance includes every right or interest in the land which exists in favour of third

persons.96. MALICIOUS MISCHIEF - malicious mischief is the wilful

damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive.

97. ADULTERY - adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the

man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared

void.98. LEWD - lewd is designed as obscene, lustful, indecent, and

lecherous. It signifies the form of immorality which has relation to moral impurity; or that which is carried on a

wanton manner.99. CONCUBINAGE - any husband who shall keep a mistress in the conjugal

dwelling , or, shall have sexual intercourse under scandalous circumstances, with a woman who is not his wife, or shall cohabit

with her in any other place.100. COHABIT - the term cohabit means to dwell together, in

the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for

unlawful intercourse.

101. SEDUCTION - seduction means enticing a woman to unlawful sexual intercourse by promise of marriage or other

means of persuasion without use of force.102. ABDUCTION - is meant 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 intent to marry or to

corrupt her.103. BIGAMY - any person who shall contract a second or

subsequent marriage before the former marriage has been legally dissolved, or before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered

in the proper proceedings.104. LIBEL - is a defamation committed by means of writing,

printing, lithography, radio, phonograph, painting or theatrical or cinematographic exhibition, or any similar

means.105. SLANDER - slander is oral defamation, it is libel

committed by oral (spoken) means, instead of in writing. The term oral defamation or slander as now understood, has been

defined as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade,

business or means of livelihood.106. MISFEASANCE - is the improper performance of some act

which might lawfully be done107. MALFEASANCE - is the performance of some act which

ought not to be done.108. NONFEASANCE - is the omission of some act which ought

to be performed.109. INFANTICIDE - the killing of any child less than three

days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger.

110. DUEL - it is a formal or regular combat previously concerted between 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.

111. MUTILATION - means the lopping or the clipping off of some part of the body.

112. DEFORMITY - is meant physical ugliness, permanent and definite abnormality. It must be conspicuous ad visible.

113. ARREST - A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the

will of the law

114. PROOF - It refers to the accumulation of evidence sufficient to persuade the trial court.

115. QUANTUM OF EVIDENCE - the totality of evidence presented for consideration

116. QUANTUM OF PROOF - refers to the degree of proof required in order to arrive at a conclusion.

117. BURDEN OF EVIDENCE - the duty of a party of going forward with evidence.

118. BURDEN OF PROOF - the duty of the affirmative to prove that which it alleges.

119. COLLATER MATTERS - matters other than the fact in issue and which are offered as a basis for inference as to the

existence or non-existence of the facts in issue.

120. PROBATIVE VALUE - It is the tendency of the evidence to establish the proposition that it is offered to prove.

121. ANTECEDENT CIRCUMTANCES - facts existing before the commission of the crime [i.e. hatred, bad moral character of

the offender, previous plan, conspiracy, etc.]

122. CONCOMITANT CIRCUMTANCES - facts existing during the commission of the crime [i.e. opportunity, presence of the

accused at the scene of the crime, etc.]

123. SUBSEQUENT CIRCUMTANCES - facts existing after the commission of the crime [i.e. flight, extrajudicial

admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]

124. CONFESSION - an acknowledgement of guilt.

125. ADMISSION - an acknowledgment of facts

126. RELEVANT EVIDENCE - evidence having any value in reason as tending to prove any matter provable in an action.

127. MATERIAL EVIDENCE - evidence is material when it is directed to prove a fact in issue as determined by the rules

of substantive law and pleadings.

128. COMPETENT EVIDENCE - not excluded by law.

129. DIRECT EVIDENCE - proves the fact in issue without aid of inference or presumptions.

130. CIRCUMSTANTIAL EVIDENCE - the proof of fact or facts from which, taken either singly or collectively, the

existence of a particular fact in dispute may be inferred as necessary or probable consequence.

131. POSITIVE EVIDENCE - evidence which affirms a fact inissue

132. NEGATIVE EVIDENCE - evidence which denies the existence of a fact in issue.

133. REBUTTING EVIDENCE - given to repel, counter act or disprove facts given in evidence by the other party.

134. PRIMARY/BEST EVIDENCE - that which the law regards as affording the greatest certainty.

135. SECONDARY EVIDENCE - that which indicates the existence of a more original source of information.

136. EXPERT EVIDENCE - the testimony of one possessing knowledge not usually acquired by other persons.

137. PRIMA FACIE EVIDENCE - evidence which can stand alone to support a conviction unless rebutted.

138. CONCLUSIVE EVIDENCE - incontrovertible evidence

139. CUMULATIVE EVIDENCE - additional evidence of the same kind bearing on the same point.

140. CORROBORATIVE EVIDENCE - additional evidence of a different kind and character tending to prove the same point

as that of previously offered evidence.

141. CHARACTER EVIDENCE - evidence of a person’s moral standing or personality traits in a community based on

reputation or opinion.

142. DEMEANOR EVIDENCE - the behavior of a witness on the witness stand during trial to be considered by the judge on

the issue of credibility.

143. DEMONSTRATIVE EVIDENCE - evidence that has tangible and exemplifying purpose.

144. HEARSAY EVIDENCE - oral testimony or documentary evidence which does not derive its value solely from the

credit to be attached to the witness himself.

145. TESTIMONIAL EVIDENCE - oral averments given in open court by the witness.

146. OBJECT/AUOTOPTIC PROFERRENCE/REAL EVIDENCE - those addressed to the senses of the court (sight, hearing, smell,

touch, taste).147. DOCUMENTARY EVIDENCE - those consisting of writing or

any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as

proof of its contents.

148. BURDEN OF PROOF - 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.

149. PRESUMPTION - an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known or a conjecture based on past

experience as to what course human affairs ordinarily take.

150. CONCLUSIVE PRESUMPTIONS - based on rules of substantive law which cannot be overcome by evidence to the

contrary.

151. DISPUTABLE PRESUMPTIONS - based on procedural rules and may be overcome by evidence to the contrary.

152. ESTOPPEL BY RECORD OR JUDGEMENT - the preclusion to deny the truth of matters set forth in a record, whether

judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction

153. ESTOPPEL BY DEED - a bar which precludes a party to a deed and his privies from asserting as against the other and

his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it

154. ESTOPPEL IN PAIS - based upon express representation or statements or upon positive acts or conduct.

155. ESTOPPEL AGAINST TENANT - the tenant is not permitted to deny the title of his landlord at the time of the

commencement of the relation of landlord and tenant betweenthem.

156. DIRECT EXAMINATION - the examination in chief of a witness by the party presenting him on the facts relevant to

the issue.

157. CROSS EXAMINATION - the examination by the adverse party of the witness as to any matter stated in the direct

examination, or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse,

and to elicit all important facts bearing upon the issue.

158. RE-DIRECT EXAMINATION - second questioning by the proponent to explain or supplement answers given in the

cross examination

159. RE-CROSS EXAMINATION - second questioning by the adverse party on matters stated on the re-direct and also on

such matters as may be allowed by court.

160. LEADING QUESTION - It is one where the answer is already supplied by the examiner into the mouth of the

witness.

161. MISLEADING QUESTION - a question which cannot be answered without making an unintended admission.

162. COMPOUND QUESTION - a question which calls for a single answer to more than one question.

163. ARGRUMENTATIVE QUESTION - a type of leading question which reflects the examiners interpretation of the facts.

164. SPECULATIVE QUESTION - a question which assumes a disputed fact not stated by the witness as true.

165. CONCLUSIONARY QUESTION - a question which asks for an opinion which the witness is not qualified or permitted to

answer.

166. CUMULATIVE QUESTION - a question which has already been asked and answered.

167. CRIMINAL PROCEDURE - It is a generic term used to describe the network of laws and rules which govern the

procedural administration of criminal justice.

168. CRIMINAL JURISPRUDENCE - The authority to hear and decide a particular offense and impose punishment for it.

169. SUBJECT MATTER - cases of the general class where the proceedings in question belong as determined by the nature

of the offense and the penalty imposed by law.

170. TERRITORY - the geographical limits of the territory over which the court presides and where the offense was

committed.

171. PRELIMINARY INVESTIGATION - It is an inquiry or proceeding to determine whether there is sufficient ground

to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof,

and should be held for trial.

172. ARREST - The taking of a person in custody in order that he may be bound to answer for the commission of an offense.

173. HOT PURSUIT ARREST - when an offense has just been committed and he has probable cause to believe based on

personal knowledge of facts or circumstances that the person arrested has committed it.

174. BAIL - The security given for the release of a person in custody of the law, furnished by him or a bondsman, to

guarantee his appearance before any court as required under the conditions of law.

175. ARRAIGNMENT - The initial step in a criminal prosecution whereby the defendant is brought before the

court to hear the charges and to enter a plea.

176. EVIDENCE - sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of

fact.

177. COMPLAINT - A complaint is a sworn written statement charging a person with an offense

178. INFORMATION - is an accusation in writing charging a person with an offense.

179. THE MIXED SYSTEM - the so-called mixed system is a good combination of the good features and characteristic of the

inquisitorial and the accusatorial system.

180. THE ACCUSATORIAL - under this system of procedure, prosecution of crimes is conducted either at the initiative

of the public prosecutor or of the offended party himself.

181. THE INQUISITORIAL SYSTEM - this system in criminal procedure is characterized by secrecy of investigation,

the employment of torture and violence to obtain confession from the accused, the denial of right of confrontation and

of the right of counsel, and of appeal in all cases.

182. JURISDICTION - as the authority to hear and determine acause.

183. VENUE - is a geographical division in which an action is brought to trial.

184. JOHN DOE WARRANT - It is one issued to person whom the

witnesses cannot identify

185. PROPERTY BOND - is an undertaking constituted as a lien on the real property given as security for the amount of

the bail

186. FACTUM PROBANDUM - is the ultimate fact sought to be established.

187. FACTUM PROBANS - is the evidentiary fact by which the ultimate fact is to be established.

188. REBUTTAL EVIDENCE - is that which is given to explain,

repel, counteract or disprove facts given in evidence by the

adverse party.

189. SUR REBUTTAL - is that which is given to repel,

counteract or disprove facts given in rebuttal evidence.

190. IRRELEVANT EVIDENCE - is that which has no tendency in

reason to establish the probability or improbability of a

fact issue.

191. INCOMPETENT EVIDENCE - is one who excluded by law

either on grounds of its immateriality, irrelevancy, and

want of credibility or for any other reason.

192. INADMISSABLE EVIDENCE - is that which is irrelevant to

the issue or which is excluded by the rules of evidence.

193. IMMATERIAL EVIDENCE - is that which is not directed to prove a fact in issue as determined by the rules of

substantive law and of pleadings

194. JUDICIAL NOTICE - means 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.

195. EXTRA JUDICIAL ADMISSION - are those made out of the

court or in judicial proceeding other than the one under

consideration.

196. DYING DECLARATION - The declaration of a dying person, made under the consciousness of an impending death,

197. PART OF THE RES GESTAE - Statements made by a person while a startling occurrence is taking place or immediately prior to or subsequent thereto with respect to the

circumstances thereof

198. PREJUDICIAL QUESTION - It is a question, which arises in a case the resolution of which is a logical antecedent of the

issue or issues involved in said cases, and the cognizance of which pertains to another tribunal.

199. ERROR OF JUDGEMENT - An error of judgment is one, which the court may commit in the exercise of its jurisdiction.

200. ERROR OF JURISDICTION - An error of jurisdiction renders an order or judgment void or void able.