Doctrine: Malum Prohibitum, Mala in Se, Mens rea

Criminal Law 1
Title Arsena B. Garcia (petitioner) V. Hon. Court of Appeals and People of the Philippines (respondents)
PONENTE Date Written
QUISIMBING J March 14, 2006
KEYWORDS GR No.
Intentional Decreasing of Vote Count, Criminal Intent, Mala in se (crimes which are evil in itself), 157171
Malum prohibitum (crimes which are prohibited by law), Mens Rea, SC Ruled in favor of
respondent.
ARSENIA B GARCIA (petitioner) COURT OF APPEAL (respondent)

Nature of the case: Petition review of the judgment of the Court of Appeals
FACTS ISSUE RULING

- A Senatorial Election was held in 1995.
- One of the Senatorial Candidate is Aquilino
Pimentel Jr.
- Arsenia B. Garcia is a member of the Canvass
board, she is Election Officer and Chairman
tasked in canvassing of votes after the voting
day in Alaminos, Pangasinan.
- The normal process of canvassing will presume
that the Chairman Arsena Garcia is the one
who reads and announces the number of
votes per precinct, and that the other
members were to just tally the number into
the Statement of Votes.
WON this is MALA PROHIBITUM OR MALA IN
SE.
If this is mala prohibitum, Criminal intent
would not be considered in determining
the criminal liability. However in mala in
se, criminal intent is to be considered in
determining the liability.
- THE LAW VIOLATED IS MALA IN SE. because otherwise, even errors
and mistakes committed due to overwork and fatigue would be
punishable which are minor numerical errors.
- So the court determines in the facts if there was indeed criminal
intent. Suffice to say, when the COC was filled by the petitioner
when it was not her duty to do so, constitutes a criminal intent.
- Moreover, there was substantial decrease in figures from
approximately 6,900 down to just approximately 1,900 which is a
decrease of 5,000 votes. Which clearly presumes the fact that
there was a criminal intent on her part.
- Upon arriving at the grand total, the Chairman
is the assigned to read the total number of
votes obtained by the candidate.

- The results reflected a difference of at least

5000 votes between the actual number of
votes in the Statement of Votes (6,921) and
Certificates of Canvass (1,921).

- ARSENA GARCIA was the one who entered the

reduced figures in the certificate of canvass
when IT WAS NOT HER DUTY TO DO SO.

- There were also other canvass officers who

were accused of confederating with Arsenia B.
Garcia for decreasing the vote of Aquilino
Pimentel Jr.

- All of the canvass officers involved were

accused of violation of election law.

- The Court of appeals considers this a MALUM

PROHIBITUM (wrong because prohibited).
Which DOES NOT CONSIDER CRIMINAL
INTENT for it to be considered a crime. IT IS
SUFFICIENT ENOUGH THAT THE LAW BE
VIOLATED TO PUNISH THE ACCUSED.
RTC Ruling:

ALL ARE ACQUITTED EXCEPT ARSENA V. GARCIA WHO

IS THE CHAIRMAN OF THE MUNICIPAL BOARD OF
CANVASSERS OF ALAMINOS PANGASINAN

He is sentenced to imprisonment between maximum

of 6 years and minimum of 6 months for violation of
Section 27 of Republic Act No. 6646.

CA ruling:

DECISION OF RTC IS AFFIRMED.

Arsena Garcia is sentenced to 1 year of imprisonment.

WHEREFORE, the instant petition is DENIED. The assailed Decision of the Court of Appeals sustaining petitioner’s conviction but increasing the minimum penalty in her sentence to one
year instead of six months is AFFIRMED.
Notes: This is a Principle of an exception to the mens rea, which states that there must be the intention or knowledge of wrongdoing that constitutes part of a crime. As
opposed to the action or conduct of the abuse.

Mala in Se – Constitute an act which is wrong or evil in itself.

Malum Prohibitum – Constitute an act unlawful only by virtue of statute