CRIMINAL LAW 1

Mala in Se versus Mala Prohibita

Mala in Se Mala Prohibita

- acts or omissions which are wrong or
evil in its very nature.
- all crimes punished under the Revised
Penal Code, and any amendments
thereto through Special Penal Laws
- criminal acts are not inherently
immoral but become punishable only
because the law says they are
forbidden
- Crimes punished by Special Penal Laws,
standing alone, are considered as Mala
Prohibita.

Examples Example
Adultery Illegal Possession of Firearms
Concubinage
Prohibited Drugs
- When the acts complained of are
inherently immoral, they are deemed
mala in se, even if they are punished
by a special law

Examples
Terrorism
Genocide
Torture
- Criminal intent must be clearly - With these crimes, the sole issue is
established with the other elements of whether the law has been violated.
the crime; otherwise, no crime is Criminal intent is not necessary where
committed the acts are prohibited for reasons of
public policy

- The importance of the above distinction is for judges to be able to determine if the
element of intent is necessary to convict the accused.

- Consequently, it is also important to determine if good faith is a proper defense for the
accused.