Practice question
A prosecutor asserts that plunder requires no criminal intent solely because it is punished by RA 7080 rather than the RPC. Which response follows Estrada’s main decision?
- The statute’s location conclusively eliminates intent.
- All special-law offenses dispense with every mental element.
- Only the penalty’s length matters.
- Plunder is malum in se and requires proof of criminal intent despite its special-law source.
- Plunder is not an offense under any statute.
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- Dungo v People, G.R. No. 209464, July 1, 2015, main decision, classification distinction (general doctrine, not superseded hazing procedures): https://lawphil.net/judjuris/juri2015/jul2015/gr_209464_2015.html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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