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Mala inse Mala prohibita

Nature Wrong from its very nature Wrong because it is prohibited

by law

Good faith as defence Valid defence unless the crime

is result of culpa

Cannot be used as defence

Whether criminal intent isan element

Criminal intent is an element Criminal intent is immaterialbut requires intelligence andvoluntariness

Degree of accomplishment Degree of accomplishment istaken into account

Gives rise to a crime whenthat crime is consummated

Mitigating and aggravating

circumstances

Taken into account for

imposing penalty

M&A are not taken into

account

Degree of participation When there is more than oneoffender, the degree of

participation of each in the

commission is taken into

account.

Degree of participation isgenerally not taken into

account. All who participated

in the act are punished to the

same extent.

Stage of accomplishment Penalty is computed on the

basis of whether he is a

principal offender or merely

an accomplice or accessory

Penalty on offenders is same

whether they acted as mere

accomplices or accessories

Laws violated Penal laws Special penal laws

2)

Utilitarian TheoryPrimary purpose: Protection of society from actual or potential wrongdoers. Classical Theory

Primary purpose: Retribution. Basis of criminal liability: Human free will. Endeavored to

establish a mechanical and direct proportion between crime and penalty; there is scant regard tohuman element.

Positivist TheoryPrimary purpose: Reformation; prevention/ correction.

3)

Eclectic/MixedCombines both positivist and classical thinking.The Revised Penal Code today follows the mixed or eclectic philosophy.

Crimes that are economic and social by nature should be dealt with in a positivist manner; thus,the law is more compassionate. Heinous crimes should be dealt with in a classical manner; thus,

capital punishment.

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4)

Intraterritorialrefers to the application of the RPC within the Philippine territory (land, air and

water).

Exception Extraterritorial refers to the application of the Revised Penal Code outside the

Philippine territory.

5)

FRENCH RULE: It is the flag or nationality of the vessel which determines jurisdictionUNLESS the crime violates the peace and order of the host country.

ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESSthe crime merely relates to internal management of the vessel.

6)

The penal law of the country is binding on all persons who live or sojourn in Philippine territory,

subject to the principles of public international law and to treaty stipulations

7)

Acts or omissions will only be subject to a penal law if they are committed AFTER a penal lawhas taken effect. Conversely, acts or omissions which have been committed before the effectivity

of a penal law could not be penalized by such penal law.

8)

Whenever a penal law is to be construed or applied and the law admits of two interpretations -

one lenient to the offender and one strict to the offender, that interpretation which is lenient or

favorable to the offender will be adopted.

9)

a legislative act that inflicts punishment without trial, its essence being the substitution of

legislative fiat for a judicial determination of guilt.

10)

El Que Es Causa De La Causa Es Causa Del Mal CausadoHe who is the cause of the cause is the cause of the evil caused.He who commits an intentional felony is responsible for all the consequences which may

naturally and logically result therefrom, whether foreseen or intended or He who commits an

intentional felony is responsible for all the consequences which may naturally and logicallyresult therefrom, whether foreseen or intended or not.

11)

Ex post facto law:

Makes criminal an act done before the passage of the law and which was innocent whendone, and punishes such an act.

Aggravates a crime, or makes it greater than it was, when committed

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Changes the punishment and inflicts a greater punishment than the law annexed to thecrime when committed;

Alters the legal rules of evidence, and authorizes conviction upon less or differenttestimony than the law required at the time of the commission of the offense;

Assumes to regulate civil rights and remedies only, in effect imposes penalty ordeprivation of a right for something which when done was lawful; and

Deprives a person accused of a crime some lawful protection to which he has becomeentitled, such as the protection of a former conviction or acquittal, or a proclamation ofamnesty.