Mala In Se vs. Mala Prohibita: Distinguishing Intent in Philippine Criminal Law
In law school, you will hear the terms “Mala in Se” and “Mala Prohibita” constantly. They sound like Harry Potter spells, but they are actually the most important “sorting hat” in Criminal Law. Knowing the difference can literally determine if someone goes to jail or walks free based on a single question: “Did they mean to do it?”
The “Moral” Test: Mala in Se
Translation: “Wrong in itself.”
Think of these as crimes that even a 5-year-old knows are bad. You don’t need a law book to tell you that killing your neighbor or burning down a house is wrong. These acts are inherently evil.
The Golden Rule: Intent (Dolo) is King.
Because these crimes are about “evil,” the prosecution must prove you had evil intent. If you did it by pure accident, without negligence, you are usually safe.
Example: The Accidental Coat Swap
You are at a party. You leave and grab a black coat that looks exactly like yours. You walk home. Technically, you took someone else’s property (Theft?).
Verdict: Not liable. Theft is Mala in Se. Since you honestly thought it was yours (Good Faith), you had no “intent to gain” or evil mind. You return the coat, and it’s over.
The “Rules” Test: Mala Prohibita
Translation: “Wrong because prohibited.”
Think of these as “House Rules.” Driving 65 kph in a 60 kph zone isn’t “evil.” You aren’t a bad person for it. But the state made a rule to keep order, and you broke it.
The Golden Rule: Intent Does Not Matter.
The law doesn’t care if you “didn’t mean to.” It only cares: Did you do it?
Example: The Unlicensed Gun
You carry a gun for self-defense. Your license expired yesterday, and you honestly forgot to renew it because you were busy saving puppies from a burning building. You get stopped at a checkpoint.
Verdict: GUILTY. Illegal possession of firearms is Mala Prohibita. It doesn’t matter that you are a hero or that you “forgot.” You possessed it without a license. Period.
Comparison Table: The “Cheat Sheet”
| Scenario | Mala in Se (Evil Acts) | Mala Prohibita (Rule Violations) |
|---|---|---|
| Common Examples | Murder, Theft, Rape | Illegal Possession of Firearms, Speeding, Bouncing Checks (BP 22) |
| “I didn’t mean to!” | Valid Defense (Good Faith) | NOT a Defense |
| What punishes it? | Revised Penal Code (mostly) | Special Laws (mostly) |
| Moral Trait | Inherently Wrong | Wrong only because the law says so |
Why This Matters for Engineers
As future engineers, you will deal with contracts and safety codes. If you sign a blueprint that collapses and kills someone:
- If it was a calculation error (Negligence), it falls under Quasi-Delicts (imprudence), related to the RPC.
- If you violated a specific building code regulation (like RA 9292), that is often Mala Prohibita. “I didn’t know that regulation existed” will not save your license.