Saturday, February 25, 2012

Mala in Se and Mala Prohibita

Man with a gun
1) Mala in se- is a wrong from its very nature as those felonies punished in the Revised Penal Code
2) Mala prohibita- is wrong because it is prohibited by law e.g., mere carrying of a firearm within a polling place is Punished by the Revised Election Code irrespective whether or not the offender had the intention to violate the law. (People vs. Bayona, 61 Phil. 181). Good faith and absence of criminal intent are not valid defenses. (People vs. Neri 140 SCRA 406, 1985).