Re: "mala in se"

-

   

Read the full decision at 
https://dlupload.com/filedetail/1780011753 

Click "FREE ACCESS" to download.


When the acts complained of are inherently immoral, they are deemed mala in se, even if they are punished by a special law. Accordingly, criminal intent must be clearly established with the other elements of the crime; otherwise, no crime is committed.






SHOP HERE!


   Generally, mala in se felonies are defined and penalized in the Revised Penal Code. When the acts complained of are inherently immoral, they are deemed mala in se, even if they are punished by a special law.8


Bye mosquito
SHOP HERE



  Accordingly, criminal intent must be clearly established with the other elements of the crime; otherwise, no crime is committed. On the other hand, in crimes that are mala prohibita, the criminal acts are not inherently immoral but become punishable only because the law says they are forbidden. 



SHOP HERE


  With these crimes, the sole issue is whether the law has been violated.9 


7 in 1 Premium Maca Root Capsules na may Premium Ginseng, Tribulus, at Higit Pa 8050 mgEq - Natural Energy, Performance at Mood Support - 120 Capsules
SHOP HERE!



  Criminal intent is not necessary where the acts are prohibited for reasons of public policy.10


BBM BUWIS BAYARAN MO SHIRT
SHOP HERE!



   Section 27(b) of Republic Act No. 6646 (11) provides: 

SEC. 27. Election Offenses.- In addition to the prohibited acts and election offenses enumerated in Sections 261 and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an election offense:


adult magazine
SHOP HERE


   x x x 

(b) Any member of the board of election inspectors or board of canvassers who tampers, increases, or decreases the votes received by a candidate in any election or any member of the board who refuses, after proper verification and hearing, to credit the correct votes or deduct such tampered votes. 

x x x


SHOP HERE



    Clearly, the acts prohibited in Section 27(b) are mala in se.12 

For otherwise, even errors and mistakes committed due to overwork and fatigue would be punishable. Given the volume of votes to be counted and canvassed within a limited amount of time, errors and miscalculations are bound to happen. And it could not be the intent of the law to punish unintentional election canvass errors. 


SHOP HERE

    However, intentionally increasing or decreasing the number of votes received by a candidate is inherently immoral, since it is done with malice and intent to injure another.



SHOP HERE

     Criminal intent is presumed to exist on the part of the person who executes an act which the law punishes, unless the contrary shall appear.13 

SHOP HERE

   Thus, whoever invokes good faith as a defense has the burden of proving its existence.

2023 Bar Exam Quiz Cards Reviewer for ₱150 - ₱500.



  Public policy dictates that extraordinary diligence should be exercised by the members of the board of canvassers in canvassing the results of the elections. Any error on their part would result in the disenfranchisement of the voters.


Ads.

▶️ Watch here 


 The Certificate of Canvass for senatorial candidates and its supporting statements of votes prepared by the municipal board of canvassers are sensitive election documents whose entries must be thoroughly scrutinized.


Ads.

▶️ Watch here 


    Note:

Citations 8-13 


8 Luis B. Reyes, The Revised Penal Code, Book One, 55 (13th ed). 


9 See United States v. Go Chico, No. 4963, 15 September 1909, 14 Phil 128, 134. 


10 Ibasco v. Court of Appeals, G.R. No. 117488, 5 September 1996, 261 SCRA 449, 454 citing People v. Conosa, C.A. 45, O.G. 3953. 


11 "The Electoral Reforms Law of 1987". An Act Introducing Additional Reforms in the Electoral System and for Other Purposes (5 January 1988). 


12 Domalanta v. Commission on Elections, G.R. No. 125586, 29 June 2000, 334 SCRA 555, 564. 


13 United States v. Apostol, No. 5126, 2 September 1909, 14 Phil 92, 93; Rules of Court, Rule 131, Sec. 3, par. (b).


Ads.

▶️ Watch here 







Read the full decision at 

Click "FREE ACCESS" to download.



Ads.

POLITICAL LAW
Bar Q&A (2023 Ed.) - Political Law - Carlo Cruz - Questions and Answers 
🛒 LZD: https://go.shopple.co/splbia 
🛒SHP: https://invl.io/clggpx7 

REMEDIAL LAW
Bar Q&A (2023 Ed.) - Remedial Law - Prof. Manuel Riguera - Central - Questions and Answers 
🛒 SHP: https://invl.io/clggpyr

LABOR LAW
Bar Q&A (2023 Ed.) - Labor Law - Benedict Guirey Kato - Questions and Answers - Central 
🛒SHP: https://invl.io/clggq2e 

ETHICS 
Bar Q&A (2023 Ed.) - Legal Ethics - Ed Vincent Albano - Questions and Answers 
🛒 SHP: https://invl.io/clggpur 

CIVIL LAW
Bar Q&A (2023 Ed.) - Civil Law - Vivian Paguirigan - Central - Questions and Answers 
🛒 SHP: https://invl.io/clggpyr

CRIMINAL LAW
Bar Q&A (2023 Ed.) - Criminal Law - Judge Ma. Rowena Alejandria - Central - Questions and Answers 
🛒SHP: https://invl.io/clggq1b

COMMERCIAL LAW
Bar Q&A (2023 Ed.) - Commercial Law - Dean Nilo Divina - Central - Questions and Answers 
🛒 SHP: https://invl.io/clggpwf

ads.

Bhe, para hindi kana malito, at madali mo siyang mahanap? 🤔
Lagyan natin ng color 🌈 ang buhay mo? Este ang books 📚 mo?


LAW BOOK FLAGS / FILING TABS




🛒 Shop here: https://go.shopple.co/spm01i

More @ https://shopple.co/Lex-curiae
Visit ðŸ”Ž "Bar techniques"

📸: Abubot ni atorni











Watch HERE





Now is the time to upgrade your study table and establish a study environment.
🛒 SHOP HERE!
LZD: https://s.lazada.com.ph/s.6KeIS?cc
SHP: https://go.shopple.co/spn8co


No more overheating!
🛒 SHOP HERE!
LZD: https://s.lazada.com.ph/s.6KTde?cc
SHP: https://go.shopple.co/spn8bx


Phone screen cleaner
🛒 SHOP HERE!



Save time and write with confidence.
QuillBot is a paraphrasing and summarizing tool that helps millions of students and professionals cut their writing time by more than half using state-of-the-art AI to rewrite any sentence, paragraph, or article.


🛒SHOP HERE!


Comments

Post a Comment

Popular posts from this blog

SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW

-
Image
  SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW BY JUDGE Marlo Campanilla 1. Court has jurisdiction - Extra-territoriality and generality principle ( 8-Hrs video Speed Lecture and regular review lecture )  2. Joey can invoke mistake of fact in relation of death under exceptional circumstance (last-minute video lecture, 8-hrs speed video lecture, pre-week video lecture, regular lecture) 3. Kidnapping with homicide , Ramos and Mercado principle (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture) 4. Aggravating circumstance of committing a crime in the present of the President; nighttime is not aggravating circumstance (Basic principle) 5. Ado is liable (Basic principle)   6. Pardon will not remit accessory penalty (8-hrs speed video lecture, pre-week video lecture, regular lecture) 7. The duration of reclusion perpetua is 40 years ( Miguel vs. Director of Bureau Prisons, UDK-15368, September 15, 2021 ) 8. Treason is...
Read more

ABOUT • ATTY. RUWEE O. TUPUE • PROFILE

-
ATTY. RUWEE O. TUPUE  earned his Bachelor of Arts in Political Science from Catanduanes State University in 2015 and pursued further studies in Professional Education (major in Social Sciences) at Catanduanes College. In 2016 , he passed the Licensure Examination for Teachers. As a student, he was active in debate and public speaking, winning as Regional Debate Team Champion (Bicol Region) at the Bicol Regional Political Students’ Parliament in 2015 . His interest in Philippine politics, philosophy, and history continues to guide his legal work and commitment to serving the public. He earned his Doctor of Jurisprudence from the University of Santo Tomas-Legazpi in 2021 , passed the 2022 Philippine Bar Examinations, and became a member of the Integrated Bar of the Philippines in 2023 . ATTY. TUPUE works as an associate in a respected law firm, handling labor disputes, commercial cases, and other civil matters.  ATTY. TUPUE  was recently selected as one of the successful...
Read more