TOPIC: MALA PROHIBITA

PEOPLE VS BAYONA
G.R. NO 17933

FACTS
At about eleven o'clock in the morning of June 5, 1934, while the general elections were held in
the electoral precinct number 4, the accused here was carrying a Colt 32 Revolver on his belt
within the fence surrounding the polling place. Jose E. Desiderio which was the representative
of the Department of the Interior to inspect the general elections in the Province of Capiz,
seized the gun from the accused. Which was illegal to do at the time.

ISSUE
Wether or not the accused is guilty

HOLDING
Yes

RATIONALE
In this case Mala Prohibita could be applied

Mala Prohibita is a term applied to any action which is criminalized strictly by statute and
statutory law. Whether the accused did not have any criminal intention with his action, the fact
that he willfully went against a statute makes the act an criminal offense.

The law which the defendant violated is a statutory provision, and the intent with which he
violated is not relevant. It may be conceded that the defendant did not intend to intimidate any
elector or to violate the law in any other way, but when he got out of his automobile and
carried his revolver inside of the fence surrounding the polling place, he committed a prohibited
act and he committed it willfully.