9.

Differences between mala in se and mala prohibita The following are the differences between mala in se, (Latin evil in itself) and mala prohibita (Latin prohibited evil): a. In mala in se, the acts or omissions are inherently immoral; while in mala prohibita, an act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. b. Crimes mala in se are those so serious in their effects on society as to call for almost unanimous condemnation of its members; while crimes mala prohibita are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society. c. In acts mala in se, the intent governs; but those in mala prohibita, criminal intent is not necessary where the acts are prohibited for reasons of public policy d. The term mala in se refers generally to felonies defined and penalized by the Revised Penal Code; while the term mala prohibita refers generally to acts made criminal by special laws. 10. What are the Characteristics of Penal Statutes or the Three Cardinal Features or Principles of Penal Law? Criminal law has three (3) main characteristics and these are: (i) General- criminal law is binding on all persons who live or sojourn in Philippine territory regardless of their race, sex, belief or creed with the exception of heads of states and diplomatic representatives who, by virtue of the customary law of nations, are not subject to Philippine territorial jurisdiction. Territorial- criminal laws undertake to punish crimes committed within Philippine territory. The territorial application of criminal laws shall also extend to those outside the Philippine jurisdiction against those who: a. Should commit an offense while on Philippine ship or airship; b. Should forge or counterfeit any coin or currency note of the Philippine lslands or obligations and securities issued by the Government of the Philippine Islands; c. Should be liable for acts connected with the introduction into these Islands of the obligations and securities mentioned in the preceding number; d. While being public officers or employees, should commit an offense in the exercise of their functions or;

(i)

e. Should commit any of the crimes against national security and the law of nations, defined in the Title One of Book Two of the Revised Penal Code (ii) Prospective- a penal law cannot make an act punishable in a manner in which it was not punishable when committed. This is in consonance with Article 366 of the Revised Penal Code where it provides that crimes are punished under the laws in force at the time of their commission. One exception to the prospective application of criminal laws is that whenever a new statute dealing with crime establishes conditions more lenient or favourable to the accused, it can be given retroactive effect.

11. What are the sources of Philippine Criminal Law? The sources of Philippine Criminal Law are: a. The Revised Penal Code (Act No. 3815) and its amendments b. Special penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa c. Penal Presidential Decrees issued during Martial Law.