Definition of Terms CDI 105

DRAGNET OPERATION
 Is a police operation purposely to seal

off the probable exit points of fleeing
suspects from the crime scene to prevent
their escape.
DUE PROCESS OF LAW
 The requirement that no person shall be held to

answer for a criminal offense without “due
process of law’ simply requires that the procedures
fully protect the life, liberty and property of the
citizens in the State.
DYING DECLARATION
 Requisites. In order that a dying declaration may be admissible, the

following requisites must concur;
1. It must concern the crime involved in and the circumstances
surrounding the declarant’s death;
2. At the time of the declaration, the declarant must be conscious of
impending death;
3. The declarant must be competent as a witness; and
4. The declaration must be offered in a criminal case for homicide,
murder or parricide in which the declarant was the victim.
EMINENT DOMAIN
 The right of a government to take and appropriate

private property to public use, whenever the
public exigency requires it; which can be done
only on condition of providing a reasonable
compensation therefore.
EVIDENCE
The means sanctioned by the Rules of

Court, of ascertaining in a judicial
proceeding the truth respecting a matter
a fact.
EVIDENT PREMEDITATION
 Involves, in its legal sense, not only a determination to

commit the crime prior to the movement of its execution,
but rather resolve to carry out the criminal intent must
have been the result of deliberation, calculation or
reflection through a period of time sufficient to
dispassionately consider and accept the final
consequences thereof, thus indicating a greater perversity.
FIRST RESPONDER
Any members of the police, military, fire,

medical teams and other volunteer
organizations who are expected to be the
first to respond to calls for assistance in
cases of incidents.
HOMICIDE
Any person who shall kill another without

the attendance of any of circumstances
enumerated in the crime of murder (Art. 249
RPC).
IMMINENT DANGER
 The danger is “imminent’ if it is on the point of

happening. It is not required that the attack already
begins, for it may be too late. The elements of imminent
danger are the following:
1. Intent of the suspect to harm the policeman;
2. The capability of the suspect to harm the policeman or
other persons; and
3. Accessibility or the proximity of the suspect in harming
the policeman and other persons.
INQUEST PROCEEDINGS
 Is the informal and summary investigation conducted by public

prosecutor in criminal cases involving a person arrested, without
the benefit of a warrant issued by the court, and thereafter detained,
for the purpose of determining whether or not the warrantless arrest
is valid, said arrested person should remain under custody and be
correspondingly charged in court.
INVESTIGATOR-ON-CASE (IOC)
Is the police officer who determines the

cause or motive of the crime, identify
and interview witnesses, and effects
arrest of suspect/s.
MAXIMUM TOLERANCE
Means the highest degree of restraint that the

police, military and other peace keeping
authorities shall observe during a public
assembly or in the dispersal of the same.
MIRANDA DOCTRINE
A principle on the rights of a suspect from

forced self-incrimination during police
interrogation as enshrined in the 1987
Philippine Constitution’s Bill of Rights
(Article III, Sec 12)
RA 7438
 otherwise
known as “AN ACT DEFINING CERTAIN
RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL
AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF”
MUG SHOT
 Itis a photograph of the suspect taken after one is

arrested. The purpose of the mugshot is to allow
law enforcement agency to have a photographic
record of the arrested individual to allow for
identification by victims and investigators.
MURDER
 Any person who shall kill another person with

evident premeditation, treachery, superior
strength, aid of armed men, consideration of prize
and reward of promise and by means of fire,
poison, explosion and other means involving great
waste and ruin. (Art 248, RPC)
POLICE CHECKPOINT
A location where the search is

conducted which is duly authorized by
the PNP to deter/prevent the
commission of crimes, enforce the law,
and for other legitimate purposes.
RECLUSION PERPETUA
The penalty of life imprisonment.

ROBBERY
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 anything.
THEFT
 Committed by any person who, with intent to gain

but without violence against or intimidation of
neither person nor force upon things, shall take
personal property of another without the latter’s
consent.
ROGUES GALLERY
Is a police collection of mug shots and

pictures or photographs of criminals and
suspects kept to identification purposes.
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.
WARRANT OF ARREST
 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
arrest the person described therein and bring
him/her before the court.
VICTIM
The aggrieved party; offended party.

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DRAGNET OPERATION

 Is a police operation purposely to seal

 The requirement that no person shall be held to

 Requisites. In order that a dying declaration may be admissible, the

 The right of a government to take and appropriate

The means sanctioned by the Rules of

 Involves, in its legal sense, not only a determination to

Any members of the police, military, fire,

Any person who shall kill another without

 The danger is “imminent’ if it is on the point of

 Is the informal and summary investigation conducted by public

Is the police officer who determines the

Means the highest degree of restraint that the

A principle on the rights of a suspect from

 Itis a photograph of the suspect taken after one is

 Any person who shall kill another person with

A location where the search is

The penalty of life imprisonment.

The taking of personal property belonging to

 Committed by any person who, with intent to gain

Is a police collection of mug shots and

 Is an order in writing issued in the name of the

 Is an order in writing issued in the name of the

The aggrieved party; offended party.

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