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There are two points raised in this contention. First is the question
whether the crime of plunder is a malum in se or a malum
prohibitum. For if it is a malum prohibitum, as the Ombudsman
and the Solicitor General say it is,[38] then there is really a
constitutional problem because the predicate crimes are mainly
mala in se.
The evil of a crime may take various forms. There are crimes that
are, by their very nature, despicable, either because life was
callously taken or the victim is treated like an animal and utterly
dehumanized as to completely disrupt the normal course of his or
her growth as a human being. . . . Seen in this light, the capital
crimes of kidnapping and serious illegal detention for ransom
resulting in the death of the victim or the victim is raped,
tortured, or subjected to dehumanizing acts; destructive arson
resulting in death; and drug offenses involving minors or resulting
in the death of the victim in the case of other crimes; as well as
murder, rape, parricide, infanticide, kidnapping and serious illegal
detention, where the victim is detained for more than three days
or serious physical injuries were inflicted on the victim or threats
to kill him were made or the victim is a minor, robbery with