The rule goverining criminal offenses is that there must be an act that is either mala in se or mala

prohibita. It is inherent in this definition that there must be an act before it can be considered criminal. I
was not or never a party to the incident. Apart from being an employer of the driver who figured in the
accident, I was never directly or indirectly involved in the motor accident.

In this case, I am being accused of an offense considered as criminal negligence under the Revised Penal
Code. The accusation is witout basis in law and in fact.

The mere absence of any act, positive or negative, on my part negates the validity of the complaint
against me. In the absence of such an offending act, there cannot be criminal liability on my part. It is
possible thought that there may be civil liability.

AlthThere is no criminal liabilityforecloses any MALA IN SE AND MALA PROHIBITA

Mala in se(“evil in itself”) – A crime or an act that is

inherently immoral, such as murder, arson or rape.

[Black’s Law Dictionary, 9th Ed.]

Mala prohibita(“prohibited evil”) – An act that is a

crime merely because it is prohibited by statute,

although the act itself is not necessarily immoral.

[Black’s Law Dictionary, 9th Ed.]