PENAL LAWS are acts of the Legislature prohibiting certain acts and establishing penalties or their violations.

. Those that define crimes, treat of their nature and provide for their punishment. CRIMINAL LAW is a branch of public law because it treats of acts and omissions which are primarily wrongs against the State. BILL OF ATTAINDER Congress is barred from enacting a law that will convict a person without trial. Whereas: EX POST FACTO LAW is that which applied retroactively. CHARAECTERISTICS OF PENAL LAW a. Generality (persons to be governed) penal law is binding on all persons who resides or sojourn in the Philippines whether citizens or not. Basis Art. 14, Civil Code; Art. III (1), 1987 Constitution. b. Territoriality (jurisdiction or the place where applicable) the law is applicable to all cries committed within the limits of Philippine territory. Basis Art. 2, Revised Penal Code c. Prospectivity (when the law shall be applicable) the law should have only prospective application except if it is favorable to the offender. (Irretrospectivity prohibits the retroactive application of penal laws. Basis Arts. 21 and 22, Revised Penal Code Art. III (22), Constitution (ex post facto l law) Art. 4, Civil Code MALA IN SE an act or omission may either be inherently evil (mala in se). Felonies under the Code are mala in se. Involves moral turpitude MALA PROHIBITA evil because there is a law prohibiting the same. Special laws are mala prohibita. Does not involve moral turpitude DISTINCTIONS: IN MALA IN SE:

1. BASIS moral state of the offender hence, good faith or lack of criminal intent is a defense. 2. MODIFYING CIRCUMSTANCES taken into account in imposing the penalty on the offender because his moral trait is the basis of the crime. 3. DEGREE OF PARTICIPATION penalty is computed on the basis of whether he is a principal offender, or merely an accomplice or accessory. 4. STAGE OF ACCOMPLISHMENT the penalty imposed depends on whether the crime is consummated, frustrated, or attempted. IN MALA PROHIBITA: 1. BASIS voluntariness, hence, good faith of lack of criminal intent is not a defense, unless intent is an element of the crime as in Sec. 3 (e) of R.A. No. 3019. 2. MODIFYING CIRCUMSTANCES not considered because the law intends to discourage the commission of the act specifically prohibited. 3. DEGREE OF PARTICIPATION the penalty on the offenders is the same as they are all deemed principals. 4. STAGE OF ACCOMPLISHMENT violation of law is punished only when accomplished or consummated./

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