BAPS 3B

1) Research examples of crimes that are penalized under special laws but are in fact mala in se
crimes. Explain.

a. Plunder
In the case of Estrada vs. Sandigan Bayan, it was stated that plunder falls under the
category of mala in se offences that require the attendance of criminal intent. Evil intent must
unite with an unlawful act for it to be a felony. Actus non facit reum, nisi mens sit rea: "The
legislative declaration in R.A. No. 7659 that plunder is a heinous offence implies that it is a
malum in se.  For when the acts punished are inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts are punished in a special law, especially since in
the case of plunder the predicate crimes are mainly mala in se.” Therefore, the accumulation of
ill- gotten wealth through a combination or series of overt criminal acts in the aggregate amount
of 1'50,000,000.00 by a public official or Plunder is indeed a Mala In Se crime.

b. Child Abuse
In the case of Patulot vs. People, G.R. No. 235071, January 7, 2019 and People vs.
Mabunot, G.R. No. 204659, September 19, 2016, the Supreme Court considered child abuse
under RA No. 7610 as malum in se. Accordingly, when the acts complained of are inherently
immoral, they are deemed mala in se, even if they are punished by a special law. Physical abuse
of a child under RA No. 7610 is inherently wrong. (Project Jurisprudence)

c. VAWC
Reconciling the provisions on Acts of Rape and Sexual Assault under the Revised Penal
Code (RPC). As defined by RA 9262, VAWC refers to any act or a series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. Therefore, actions that violates RA 9262 are inherently immoral or
literally “wrong in themselves” or considered Mala In Se.
2) Research example/s of crime/s that is/are penalized under the RPC but is/are in fact a mala
prohibita crime/s. Explain.

a. Technical Malversation
In the case of Ysidoro v. People, G.R. No. 192330, Technical Malversation of RPC
declared it as malum prohibit. It was stated there that the prohibited act is not inherently immoral
but becomes a criminal offense because positive law forbids its commission based on
considerations of public policy, order, and convenience. It is the commission of an act as defined
by the law, and not the character or effect thereof, that determines whether or not the provision
has been violated. Hence, malice or criminal intent is completely irrelevant.