1. Are human rights violations considered as crimes in the Philippines? Explain.

(3%) (2008 Bar

Question)

Ans.

No. Human rights violations are not considered as crimes in the Philippines because it is not a
crime per se. Human rights violations refers to an act which violates the rights of any person
against the illegal acts of the government in terms of the implementation of law enforcement
which affect their rights on the basis of criminal prosecution.

2. May a ranking leader of the NPA who has taken up arms against the government be
simultaneously prosecuted for violation of Section 1 of RA. 1700 (the Anti-Subversion Act) and
for rebellion under Article 135 of the Revised Penal Code, as amended?

Ans.

Yes because the two offenses are of different crime punishable under the special law and under
the revised penal code.

3. Forest Ranger Jay Velasco was patrolling the Balara Watershed and Reservoir when he noticed a
big pile of cut logs outside the gate of the watershed. Curious, he scouted around and after a
few minutes, he saw Rene and Dante coming out of the gate with some more newly-cut logs. He
apprehended and charged them with the proper offense. During the preliminary investigation
and up to the trial proper, Rene and Dante contended that if they were to be held liable, their
liability should be limited only to the newly-cut logs found in their possession but not to those
found outside the gate. If you were the judge, what will be your ruling?

Ans.

If I am the judge, I will rule against the contention of the accused.

4. Distinguish, in their respective concepts and legal implications, between crimes mala in se and
crimes mala prohibita.

Ans.

Crimes in mala in se refers to an acts or omissions which are inherently evil, bad and immoral
while mala prohibita refers to an act or omissions which are not inherently evil, bad and
immoral but acts are prohibited which are penalized by the special law by reason of public
welfare and public good.
5. Mala in se vs mala prohibita
Crimes mala in se are inherently evil and immoral. it involves moral traits of the offender while
Crime Mala prohibita are not inherently evil, bad or immoral but prohibited and made
punishable for reason of public good. Lack of criminal intent is a valid defense on the crime
Mala in se while it is not a valid defense on the crime of mala prohibita.

Motive is relevant to prove a case if there is a doubt on the identity of the offender or when the
act committed give rise to the a variant crime and there is a need to determine the proper crime
to be imputed to the offender.

Yes an act may be malum in se at the same time malum prohibitum as provided in the decision
of the Supreme Court, it was held that the omission or failure of the poll clerks or election
ispectors to include the name of the voters in the resgistry of list of voters is wrong per se
because is disfranchises the right of the voter to exercise their right to vote. In this regard it is
considered as malum in se. Since it is also punished under the special law (Revised Election
Code) it is considered as malum prohibitum.

6. Doctrine of pro reo means that penal laws and laws penal in nature are to be construed and
applied in a way lenient or liberal to the offender consonant and consistent with the
constitutional guarantee that an accused shall be presumed innocent until proven guilty beyond
reasonable doubt.

7. The motion by Max on the that the decision made no mention of his subsidiary liability is not
correct. Under the Criminal Law, in the case of culpa or criminal negligence, the driver who
found guilty of negligence, in case of the latter’s insolvency to satisfy the civil liability awarded to
the the offended party, the operator or owner of the vehicle is subsidiarily liable.

Here, Max who is the owner of the vehicle is liable to indemnify Demy for the
satisfaction of damages awarded by the court because Guy is insolvent. It need not be
impleaded in the criminal case. It suffices that he was duly notified of the motion fro the
issuance of subsidiary writ of execution and thus given the opportunity to be heard.

8.