Banzuela, Krystel C.

Block c
Criminal law 1 assignment:

1.Distinguish mala in se vs mala prohibita

 Mala in se (“evil in itself”) – A crime or an act that is inherently immoral,
such as murder, arson or rape. [Black’s Law Dictionary, 9th Ed.]
 Mala prohibita (“prohibited evil”) – An act that is a crime merely because it
is prohibited by statute, although the act itself is not necessarily immoral.
[Black’s Law Dictionary, 9th Ed.]
 Violations of the Revised Penal Code are referred to as malum in se, which
literally means, that the act is inherently evil or bad or per se wrongful. On
the other hand, violations of Special Laws are ‘generally’ referred to as
malum prohibitum.
2. Felony vs offense
 Felony are the most serious crimes you can commit and have long jail or
prison sentences, fines, or permanent loss of freedoms. a offense is
transgression of the law; misdemeanor. a cause of transgression or wrong.
3. What are the theories of criminal law?
 Classical theory
o The basis of criminal liability is human free will and the purpose of
the penalty is retribution.
 Positivist theory
o The basis of criminal liability is the sum of the social, natural and
economic phenomena to which the actor is exposed. The purposes of
penalty are prevention and correction.
4. What are the characteristics of criminal law and their exceptions?
 Generality. The law is binding upon all persons who reside to sojourn in the
Philippines, irrespective of age, sex, color, creed, or personal circumstances,
subject to the treaty stipulations and laws of preferential application.
 Territoriality. The law is applicable to all crimes committed within the
limits of Philippine territory, which includes its atmosphere, interior waters
and maritime zone.
 Prospectivity. The law does not have any retroactive effect, except if it
favors the offender unless he is a habitual delinquent (Art. 22) or the law
otherwise provides.
5. Construction of penal laws
 Criminal Statutes are liberally construed in favor of the offender. This means
that no person shall be brought within their terms who is not clearly within
them, nor should any act be pronounced criminal which is not clearly made
so by statute — it is a well-entrenched rule that penal laws are to be
construed strictly against the State and liberally in favor of the accused.
They are not to be extended or enlarged by implications, intendments,
analogies or equitable considerations.
6. What is the doctrine of pro reo?
 The principle of in dubio pro reo (Latin for "[when] in doubt, for the
accused") means that a defendant may not be convicted by the court when
doubts about his or her guilt remain. The rule of lenity is the doctrine that
ambiguity should be resolved in favor of the more lenient punishment. The
doctrine of pro reo advocates that penal laws and laws penal in nature are to.
be construed and applied in a way lenient or liberal to the offender,
consonant to. and consistent with the constitutional guarantee that an
accused shall be. presumed innocent until his guilt is established beyond
reasonable doubt.
7. Read articles 1-5 of the revised penal code.