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DISTINCTIONS (Judge Campanilla Reviewer) Articles 1-20

1. Mala in se acts are inherently wrong or immoral, while mala prohibita acts are not inherently wrong. Good faith or lack of criminal intent can be a defense for mala in se but not for mala prohibita. 2. Provocation must immediately precede the act, while passion does not need to immediately be caused by the unlawful act but cannot be too far removed in time. Vindication requires a proximate interval of time between the grave offense and the crime. 3. Sources of mitigation include provocative acts by the offended party, unlawful or unjust acts by the offended party that cause passion, and grave offenses committed by the offended party.

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71 views2 pages

DISTINCTIONS (Judge Campanilla Reviewer) Articles 1-20

1. Mala in se acts are inherently wrong or immoral, while mala prohibita acts are not inherently wrong. Good faith or lack of criminal intent can be a defense for mala in se but not for mala prohibita. 2. Provocation must immediately precede the act, while passion does not need to immediately be caused by the unlawful act but cannot be too far removed in time. Vindication requires a proximate interval of time between the grave offense and the crime. 3. Sources of mitigation include provocative acts by the offended party, unlawful or unjust acts by the offended party that cause passion, and grave offenses committed by the offended party.

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DISTINCTIONS (Judge Campanilla Reviewer) Articles 1-20

MALA IN SE MALA PROHIBITA


Nature Inherently wrong or immoral Not inherently wrong
As to defense of good faith Good faith or lack of criminal intent is a Good faith is not a defense
defense
As to modifying circumstances Can be Appreciated GR: Not appreciated
XPN: the special law that punishes them
adopts technical nomenclature of the
penalties of the RPC
Law governing Punishable under RPC; or Punishable under special laws
Special laws where the acts punishable therein
are wrong in nature

PROVOCATION PASSION VINDICATION


SOURCE OF MITIGATION Provocative act of the offended party Victim’s unlawful or unjust act by the Grave offense committed by the
offended party that produced offended party
- if more than one mitigating obfuscation or passion arising from a
circumstance arose from the same lawful sentiment
act or incident:
- they shall be considered as only one - passion cannot be appreciated is - essence of vindication is taking
mitigating circumstance committed in the spirit of revenge revenge because of the grave offense
(ratio: passion did not arise from committed by the victim
lawful sentiment)

Both Provocation and Passion: - insult made in the presence of


Insulting statement against the several persons (grave offense
accused is not a basis to appreciate against honor)
passion or provocation
- elopement is a grave offense against
In all: family honor
- challenge to a fight may be a source
of vindication, provocation, and
passion
In re: self-defense (complete or
incomplete)
GR: not availing where unlawful
agression has ceased at the time of
commission of the crime

XPN: but prior unlawful agression


can be considered as:
1. Grave offense – basis of vindication
2. Unjust act – producing passion
arising from a lawful sentiment
3. Sufficient provocation
INTERVAL OF TIME Immediately precede the act Need not immediately be preceded May be proximate
- no interval of time (between the by unlawful or unjust act that - which requires that interval of time
provocation and the commission of produced the passion between the grave offense (by the
the crime - important: not far removed by a victim) and the commission of the
considerable length of time crime (by the offender)
- during which the perpetrator might
recover his normal equanimity

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