MARK ADRIAN ENCILAY

CLJ 301

EXAM NO. 03

1. What are the differences between mala in se and mala prohibita in the following aspects:

A. As to nature
- As to nature of mala in se is wrong from its very nature, while the mala prohibita of as to
nature is wrong because it is prohibited by law.
B. As to the use of good faith as a defense
- In mala in se, good faith is a valid defense; unless the crime is the result of culpa while, in
mala prohibita is that the good faith is not a defense.
C. As to intent as an element
- In mala in se, intent is an element while, in mala prohibita is that criminal intent is
immaterial.
D. As to the degree of accomplishment of the crime
- In mala in se, the degree of accomplishment of the crime is taken into account in punishing
the offender while, in mala prohibita is that the act gives rise to a crime only when it is
consummated.
E. As to mitigating and aggravating circumstances
- In mala in se, mitigating and aggravating circumstances are taken into account in imposing
the penalty while, in mala prohibita is that mitigating and aggravating circumstances are
generally not taken into account.
F. As to the degree of participation
- In mala in se, when there is more than one offender, the degree of participation of each in
the commission is taken into account while, in mala prohibita is that the degree of
participation is generally not taken into account. All who participated in the act are punished
to the same extent.
G. As to persons criminally liable
- In mala in se, penalty is computed on the basis of whether he is a principal offender, or
merely an accomplice or accessory while, in mala prohibita is that the penalty on the
offender are the same whether they are merely accomplice or accessories.
H. As to laws violated
- In mala in se, violation of the RPC (General Rule) while, in mala prohibita is that violation of
special laws (General Rule).
I. As to stages of execution
- In mala in se, there are three stages: attempted, frustrated, and consummated while, in
mala prohibita is that no such stages of execution.
J. As to person criminally liable
- In mala in se, three people are criminally liable: the principal, the accomplice, and the
accessory, whereas in mala prohibita, only the principal is liable.
K. As to division of penalty
- Penalties in mala in se can be divided into degrees and periods, whereas in mala prohibita
there is no such division of penalties.
2. What are the differences between complex crime and special complex crime?
- Complex crimes is one where the offender has to commit an offense as a means for the
commission of another offense, while Special complex crimes those which are treated as
single indivisible offenses although comprising more than one specific crime and with
specific penalty.

3. What are justifying circumstances

- Those where the act of a person is said to be in accordance with law, so that person is
deemed not to have transgressed the law and is free from both criminal and civil liability.
There is no civil liability, except in par. 4 of Art. 11 where the civil liability is borne by the
person benefited by the act.

4. Enumerate the justifying circumstances under the revised penal code book 1.
 Justifying circumstances; Art 11, RPC (6); R.A. 9262 VAWC
 Exempting circumstances; Art. 12 RPC (7)
 Mitigating circumstances; Art. 13, RPC (10)
 Aggravating circumstances; Art. 14, RPC (21)
 Alternative circumstances; Art. 15, RPC (3)

5. What are the requirements for self-defense to be a justifying circumstances?

- In order to invoke self-defense, certain conditions must be met such as unlawful aggression,
reasonable necessity of the means employed to prevent or repel it, and lack of sufficient
provocation on the part of the person defending himself.