Scribd
Upload
87 views

Fundamental Principles and Felonies (2)

The document outlines the key differences between crimes that fall under the Revised Penal Code versus special laws. It discusses how crimes under the RPC are considered mala in se (inherently wrong) while violations of special laws are generally mala prohibita (wrong because prohibited by law). However, some violations of special laws can still be considered mala in se if the act is inherently wrong. The document then provides examples of differences in how good faith, intent, participation levels, and other factors are treated between the two types of crimes. It concludes by describing a test to determine if a special law violation is malum prohibitum or malum in se by analyzing if the act is wrong independent of the law.

Uploaded by

diona macasaquit
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
87 views

Fundamental Principles and Felonies (2)

The document outlines the key differences between crimes that fall under the Revised Penal Code versus special laws. It discusses how crimes under the RPC are considered mala in se (inherently wrong) while violations of special laws are generally mala prohibita (wrong because prohibited by law). However, some violations of special laws can still be considered mala in se if the act is inherently wrong. The document then provides examples of differences in how good faith, intent, participation levels, and other factors are treated between the two types of crimes. It concludes by describing a test to determine if a special law violation is malum prohibitum or malum in se by analyzing if the act is wrong independent of the law.

Uploaded by

diona macasaquit
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 6

FUNDAMENTAL PRINCIPLES AND

FELONIES ( 2 )
The student’s must be able to:
1. Understand the distinction between MALA IN SE AND MALA PROHIBITA;
2. Know the Distinction between crimes punished under the Revised Penal Code and crimes
punished under special laws; and
3. Know the Test to determine if violation of special law is malum prohibitum or malum in se .
MALA IN SE AND MALA PROHIBITA

Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is
inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally referred
to as malum prohibitum.

Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are
always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala
prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently
wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense;
unless it is the product of criminal negligence or culpa.

Likewise when the special laws requires that the punished act be committed knowingly and willfully,
criminal intent is required to be proved before criminal liability may arise.

When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.
For example, Presidential Decree No. 532 punishes piracy in Philippine waters and the special law
punishing brigandage in the highways. These acts are inherently wrong and although they are punished
under special law, the acts themselves are mala in se; thus, good faith or lack of criminal intent is a defense.

Distinction between crimes punished under the Revised Penal Code and crimes punished under special laws

1. As to moral trait of the offender In crimes punished under the Revised Penal Code, the moral trait of the
offender is considered. This is why liability would only arise when there is dolo or culpa in the commission
of the punishable act.

In crimes punished under special laws, the moral trait of the offender is not considered; it is enough that the
prohibited act was voluntarily done.

2. As to use of good faith as defense

In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense;
unless the crime is the result of culpa In crimes punished under special laws, good faith is not a defense
3. As to degree of accomplishment of the crime

In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken into
account in punishing the offender; thus, there are attempted, frustrated, and consummated stages in the
commission of the crime.

In crimes punished under special laws, the act gives rise to a crime only when it is consummated; there are
no attempted or frustrated stages, unless the special law expressly penalize the mere attempt or frustration of
the crime.

4. As to mitigating and aggravating circumstances

In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken into
account in imposing the penalty since the moral trait of the offender is considered.

In crimes punished under special laws, mitigating and aggravating circumstances are not taken into account
in imposing the penalty.
5. As to degree of participation

In crimes punished under the Revised Penal Code, when there is more than one offender, the degree of participation of each in the
commission of the crime is taken into account in imposing the penalty; thus, offenders are classified as principal, accomplice and accessory.

In crimes punished under special laws, the degree of participation of the offenders is not considered. All who perpetrated the prohibited act
are penalized to the same extent.

There is no principal or accomplice or accessory to consider.

Test to determine if violation of special law is malum prohibitum or malum in se

Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act still be
wrong?

If the wording of the law punishing the crime uses the word “willfully”, then malice must be proven. Where malice is a factor, good faith is
a defense.

In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not

a basis of liability, unless the special law punishes an omission.

When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.

You might also like