1.1 Distinguish mala in se and mala prohibita (RPC Art.

3)
MALA IN SE
MALA PROHIBITA
Wrong form its very nature
Wrong because it is prohibited by law
Good faith is a valid defense; unless the crime is the result of Good faith is not a defense
culpa
Intent is an element
Criminal intent is immaterial
The degree of accomplishment of the crime is taken into account The act gives rise to a crime only when it is consummated
in punishing the offender
Mitigating and aggravating circumstances are taken into account Mitigating and aggravating circumstances are generally are not
un imposing the penalty
taken into account
When there is more than one offender, the degree of participation Degree of participation is generally not taken into account. All
of each in the commission of the crime is taken into account
who participated in the act are punished to the same extent
Penalty is computed on the basis of whether he is a principal The penalty on the offenders are the same whether they are
offender, or merely an accomplice or accessory
merely accomplices or accessories
Violation of the RPC
Violation of Special Laws (general rule)
(general rule)
Three stages of execution: attempted, frustrated, consummated
No such stages of execution
There are three persons criminally liable: principal, accomplice, Generally, only the principal is liable
accessory
Penalties may be divided into degrees and periods
There is no such division of penalties
1.2 Rules of Construction
a. A penal law is liberally construed in favor of the accused Presumption of innocence
b. In case there is ambiguity of the law the original text in which a penal law is approved will govern
in case of a conflict with the official translation. Hence, the RPC which was approved in its Spanish
text is controlling over its English translation.
c. Prospective penal laws cannot make an act punishable in a manner in which it was not
punishable when committed
d. No ex post facto law or bill of attainder
e. Nullum crimen nulla poena sine lege there is no crime when there is no law that defines and
punishes it
f. Actus non facit reum, nisi mens sit rea the act cannot be criminal unless the mind is criminal.
g. Actus me invito factus non est meus actus an act done by me against my will is not my act.
h. Doctrine of Pro Reo whenever a penal law is to be construed or applied and the law admits of two
interpretations, one lenient to the offender and one strict to the offender, that interpretation which is
lenient or favourable to the offender will be adopted.
This is in consonance with the fundamental rule that all doubts shall be construed in favour of the
accused and consistent with the presumption of innocence of the accused.
i.
El que es causa de la causa es caua de mal causado he who is the cause of the cause is the
cause of the evil caused
1.3 Relationship between special penal laws and the Revised Penal Code (RPC Art.10)
Article 10, RPC Offenses not subject to the provisions of this Code. Offenses which are or in the future may be
punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to
such laws, unless the latter should specially provide the contrary.
General Rule: RPC provisions are supplementary to special laws.
Exceptions:
1. Where the special law provides otherwise
2. When the provisions of the RPC are impossible of application, either by express provision or
by necessary implication.
Thus, when the special law adopts the penalties imposed in the RPC, such as reclusion perpetua or reclusion
temporal, the provisions of the RPC on imposition of penalties based on stage of execution, degree of participation,
and attendance of mitigating and aggravating circumstances may be applied by necessary implication.
1.4 Principles of the RPC applicable to special penal laws
special legal provisions prevail over general ones. Lex specialis derogant generali. - embodied in the provision that
the "code shall be supplementary" to special laws, unless the latter should specifically provide the contrary.