Philippine Bar review · Question

Practice question: Malum In Se and Malum Prohibitum

Multiple Choice Hard Jurisprudence

Practice question

A driver is prosecuted for a felony through reckless imprudence. The evidence is offered to establish the legally required negligence, not a deliberate intention to kill. The defense argues that absence of an intention to kill necessarily defeats every felony charge because crimes require deceit. Which is correct under Article 3?
  1. Felonies may be committed through culpa as well as dolo; the prosecution must prove the charged negligent offense’s actual elements.
  2. Every felony requires a deliberate wish to cause the precise injury.
  3. Negligence can never have criminal consequences.
  4. The absence of intent automatically proves all negligence elements.
  5. The driver’s involvement alone conclusively proves guilt.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 3.
  • Estrada v Sandiganbayan, G.R. No. 148560, November 19, 2001, en banc main decision, plunder as malum in se: https://lawphil.net/judjuris/juri2001/nov2001/gr_148560_2001.html
  • Dungo v People, G.R. No. 209464, July 1, 2015, main decision, classification distinction (general doctrine, not superseded hazing procedures): https://lawphil.net/judjuris/juri2015/jul2015/gr_209464_2015.html
  • People v Bayona, G.R. No. 42288, February 16, 1935, main decision, intent to do the prohibited act distinguished from criminal intent (general doctrine, not obsolete election-law details): https://lawphil.net/judjuris/juri1935/feb1935/gr_42288_1935.html

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