ARSENIA B. GARCIA v. HONORABLE COURT OF APPEALS et al.

G.R. No. 15171, 14 March, 2006, THIRD DIVISION, (Quisimbing, J.)

DOCTRINE OF THE CASE

Mala in se felonies are defined and penalized by the RPC. When the acts

complained are inherently immoral, they are deemed mala in se, even if they are

punished by the special law. Criminal intent must be established

Mala prohibita crimes are crimes that are not inherently immoral but

become punishable only because the law says so. Criminal intent is not

necessary.

FACTS

Petitioner is charged and convicted before the RTC for decreasing the number of

votes casted in favor of Senator Pimentel, in the 1995 elections. Petitioner defends

herself that she had no intention of reducing the votes casted on Senator Pimentel

ISSUE

WON petitioner’s defense of no criminal intent is valid?

RULING

NO. Pursuant to Section 27 (b) of Republic Act No. 6646, crimes committed

under this provision are considered mala in se, since the reduction of votes casted in

favor of a candidate is inherently wrong. Petitioner did not adduce sufficient evidence to

prove lack of criminal intent to commit the crime, and the result of such is the

assumption that criminal intent does exist.