1. Arraignment – is the formal mode and manner of implementing the constitutional right of the accused to be informed of the nature and cause of the accusation against him (Sec 13[2], 1987 Constitution of the Philippines). An arraignment is necessary in order to fix the identity of the accused, to inform him of the charge and to give him an opportunity to plead (14 Am. Jur., p.939, G.V. Jacinto, Criminal Procedure).
2. Arrest – the taking of a person into custody in order that he may be found to answer for the commission of an offense (Sec. 1, Rule 113, Revised Rules on Criminal Procedure).
3. Bail – is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit or recognizance (Sec 1, Rule 114, Revised Rules on Criminal Procedure).
4. Bail Bond – is an obligation given by the accused with one or more sureties, with the condition to be void upon the performance by the accused of such acts as he may legally be required to perform (Villasenor v, Abano, 21 SCRA 312).
5. Complaint – a sworn written statement charging a person with an offense, subscribed by the offender party, any peace officer, or other public officer charged with the enforcement of the law violated (Sec. 3, Rule 110, Revised Rules on Criminal Procedure).
6. Continued/Continous/ Continuing Crime – is a single crime, consisting of a series of acts but all arising from one criminal resolution (The Revised Penal Code – Criminal Law , Book One, 15th Ed., Luis B. Reyes, p.676).
7. Criminal Action – A Criminal action is one by which the State prosecutes a person for an act of omission punishable by law (Sec. 3(b), Rule 1,1997 Rules of Civil Procedure).
8. Information – is an accusation in writing charging a person with an offence subscribed by the prosecutor and filed with the court (Sec 4, Rule 110, supra.).
9. Inquest – an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should should remain under custody and correspondingly be charged in court.
10. Offended Party – is the person against whom or against whose property the crime was committed (Sec. 3, Rule 110, supra) and to whom the offender is civilly liable in light of article 100 of Revised Penal Code that “every person criminally liable is also civilly liable (Garcia v. CA,266 SCRA 678 [1997]); the person actually injured whose feeling is offended.
11. Personal Knowledge of Facts (in arrests without warrant) – must be based upon probable cause which means an actual belief or reasonable grounds of suspicion. The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty in committing the offence based on actual facts, i.e. supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested. A reasonable suspicion that therefore must be founded on probable cause, “couple with good faith on the part of the peace officers making the arrest.” (Umil, et. Al. vs. Ramos, 202 SCRA 251 [1991]).
12. Plea – is the reply of the accused to the charge. In criminal prosecution, the accused has to plead to the indictment, which he may do (1) by pleading to the jurisdiction, that is, alleging the court has no jurisdiction to try him; (2) by a demurrer; or (3) by some plea bar, either a general plea, “guilt” or “not guilty” (Osborn’s Concise Law Dictionary, 15th Ed. John Burke, p.254)
13. Plea Bargaining – The process where the accused usually pleads guilty to a lesser offense, or to only one or some of the counts of a multi- count indictment in return for a lighter sentence than that for the graver charge (Black’s Law Dictionary, 5th Ed., p. 1037).
14. Preliminary investigation – 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 (Sec. 1, Rule 112, Revised Rules on Criminal Procedure).
15. Probable Cause (for the purpose of filing an Information) – has been defined as a reasonable ground of presumption that a matter is or may be well-founded; such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so.
16. Probable Cause (as a ground for warrantless arrest) – an actual belief or reasonable ground of suspicion (People vs. Tudtud, GR No. 144037, Sept. 26, 2003) that the person to be arrested is about to commit or is attempting to commit a crime, or is in the act of committing a crime, or has committed a crime, either in the presence or without the presence of the arresting officer.
17. Recognizance – is an obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial (People vs. Abner; 87 Phil. 566).
18. Release on Recognizance – the pre-trial release of an arrested person who promises, usually in writing but without a surety or posting bond, to appear for trial at a later date (Black’s Law Dictionary, p. 1316).
19. Summary Investigation – refers to the investigation conducted by the prosecutor to determined the existence or non-existence of probable cause in cases that do not require preliminary investigation (Sec. 8, Rule 122, as amended, Revised Rules on Criminal Procedure), namely those involving offenses in which the prescribed penalty of imprisonment does not exceed four (4) years and two (2) months, regardless of the fine.
20. Summary Procedure (as distinguish from Summary Investigation) – refers to the court procedure in criminal cases covered by Rule 123 of the Revised Rules on Criminal Procedure, involving offenses in which the penalty of imprisonment prescribed by law does not exceed six (6) months, or fine not exceeding one thousand pesos (Php 1,000.00).
21. Trial - is a judicial examination of the claims at issue in a case which is presented by the prosecution and defense to enable the court to arrive at a judgment pronouncing either the guilt or innocence of the accused (US v. Raymundo, 14 Phil. 416 [1909]).
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