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 is
an element
Criminal intent is an element Criminal intent is immaterial
but requires intelligence and
voluntariness
Degree of accomplishment Degree of accomplishment is
taken into account
Gives rise to a crime when
that 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 one
offender, the degree of
participation of each in the
commission is taken into
account.

Degree of participation is
generally 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 Theory
Primary 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 to
human element.
Positivist Theory
Primary purpose: Reformation; prevention/ correction.

3)
Eclectic/Mixed
Combines 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.



4)
Intraterritorial refers 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 jurisdiction
UNLESS the crime violates the peace and order of the host country.
ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESS
the 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 law
has 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 Causado
He 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 logically
result 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 when
done, and punishes such an act.
Aggravates a crime, or makes it greater than it was, when committed
Changes the punishment and inflicts a greater punishment than the law annexed to the
crime when committed;
Alters the legal rules of evidence, and authorizes conviction upon less or different
testimony 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 or
deprivation 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 become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty.