2 Kinds of Intent:
a.) General Intent – presumed
b.) Specific Intent – must be proved as it is an element of a felony (ex. Article 324, specific intent of law designs must be proved)
General Inten
Presumed
Deliberate and unlawful act gives
presumption of malice by intent.
Specific Intent
Not Presumed
Its existence must be proved by the State
just as any other essential element.
Malum in se vs. Mala prohibita:
a.) Malum in se – act is inherently evil, that is immoral inn its nature and injurious in its consequences without any regard to the fact of being
noticed or punished by law of the state
- internal act = mens rea
- external act = actus rea
b.) Mala Prohibita – an act which is not inherently immoral; but becomes so because its commission is expressly forbidden by positive law
- internal act = intent to violate the law
- external act = prohibited act
Mala in se
Wrong per se
Crimes so serious in their to
society as to call for unanimous
condemnation of its members
Mala prohibita
Not inherently wrong
Violations of mere rules ofconvenience
designed to secure a more orderly
regulation of the affiars ofsociety
Criminal Intent is required
Criminal intent isimmaterial; Q: has the
law been violated?
Good faith or lack of criminal intent is
generally not a defense
Modifying circumstances are not
considered
Good faith or lack of criminal
intent is a defense
Modifying circumstances are
taken into account in imposing
the penalty on the offender
Generally refer to those acts or
omissions punished by the ROC
Generally refer to those acts or omissions
made criminal by special laws