SPECIAL PENAL LAWS
Reviewer under Fiscal Freddie Nojara
San Sebastian College of Law-Recoletos Manila
Prepared by: Ms. Monica May R. Ramos/Ariane Aquino
I.
Nature and Concept
II.
Mala in se v Mala Prohibita
A) Distinguish between crimes mala in se and mala prohibita.
B)
May an act be both mala in se and mala prohibita? (
MALA IN SE AND MALA
PROHIBITA
)
Crimes mala in se are felonious acts committed by dolo or culpa as defined in the Revised Penal
Code. Lack of criminal intent is a valid defense, except when the crime results from criminal
negligence. On the other hand, crimes mala prohibita are those considered wrong only because
they are prohibited by statute. They constitute violations of mere rules of convenience designed to
secure a more orderly regulation of the affairs of society.
Yes, an act may be malum in se and malum prohibitum at the same time. In People v.Sunico, et
aL. (CA 50 OG 5880) it was held that the omission or failure of election inspectors and poll
clerks to include a voter's name in the registry list of voters is wrong per se because it
disenfranchises a voter of his right to vote. In this regard it is considered as malum in se. Since it
is punished under a special law (Sec. 101 and 103, Revised Election Code), it is considered
malum prohibitum.
III.
SPL vs Felonies
IV.
RPC Applicability
Part II.
I.
Against National Security
A.
Human Security Act
B.
Anti-Piracy Act
C.
ANTI-HIJACKING LAW REPUBLIC ACT 6235
a.
ACTS PUNISHED:
i.
1. usurping or seizing control of an aircraft of Philippine registry
while it is in flight; compelling the pilots thereof to change its course
or destination
ii.
2. usurping or seizing control of an aircraft of foreign registry, while
within Philippine territory, compelling the pilots thereof to land in
any part of Philippine territory
iii.
3. carrying or loading on board an aircraft operating as a public
utility passenger aircraft in the Philippines flammable, corrosive,
explosive or poisonous substances; and
iv.
4. loading, shipping, or transporting on board a cargo aircraft
operating as a public utility in the Philippines, flammable, corrosive,
or poisonous substance if not done in accordance with the rules and
regulations of the Air Transportation Office.
MEANING OF “aircraft is in flight” From the moment all exterior doors are closed
following embarkation until the same doors are again opened for disembarkation.
b.
Case:
i.
The accused hijacked an airplane and at gunpoint ordered the pilot to
fly to Peking instead of to Davao, which was the plane's destination.
Since the pilot refused, the accused shot him to death. Afterwards,
the accused was overpowered by the crew and the co-pilot was able
to fly the plane safely to Davao. What crime or crimes did the
accused commit? Why?
Answer:
The accused is liable for the offense of hijacking which is
an act inimical to civil aviation, since he compelled unlawfully a
change in the course of the plane to Davao, which was its
destination, to Peking, while the plane was in flight. Under the law, it
is not essential that the hijacker should succeed in his purpose. The
