Decision
22
G.R. No. 224469
cutting, collecting, or removing of timber or other forest products only when
any of these acts is done without lawful authority from the State.
In Saguin v. People, 65 the prohibited act of non-remittance of Pag-Ibig
contributions is punishable only when this act was done "without lawful
cause" or "with fraudulent intent." According to this case law, lawful cause
may result from a confusing state of affairs engendered by new legal
developments that re-ordered the way things had been previously done. In
Saguin, the cause of the confusion was the devolution of some powers in the
health sector to the local governments. The devolution was ruled as a "valid
justification" constituting the "lawful cause" for the inability of the accused
to remit the Pag-Ibig contributions. The devolution gave rise to reasonable
doubt as to the existence of the offense's element of lack of lawful cause.
This doctrine in Saguin is reiterated in Mata/am v. People. 66 Mata/am
affirmed the doctrine that when an act is malum prohibitum, "[i]t is the
commission of that act as defined by the law, and not the character or effect
thereof, that determines whether or not the provision has been violated."
Citing ABS-CBN Corporation v. Gozon, 67 Mata/am clarified what this
doctrine entails by distinguishing between the intent requirements of a
malum in se felony and a malum prohibitum offense:
The general rule is that acts punished under a special law are malum
prohibitum. "An act which is declared malum prohibitum, malice or
criminal intent is completely immaterial."
In contrast, crimes mala in se concern inherently immoral acts:
"Implicit in the concept of mala in se is that of mens rea." Mens
rea is defined as "the nonphysical element which, combined with the act
of the accused, makes up the crime charged. Most frequently it is the
criminal intent, or the guilty mind[.]"
Crimes mala in se presuppose that the person who did the
felonious act had criminal intent to do so, while crimes mala prohibita
do not require knowledge or criminal intent:
In the case of mala in se it is necessary, to constitute a punishable
offense, for the person doing the act to have knowledge of the nature of
his act and to have a criminal intent; in the case of mala prollibita, unless
such words as "knowingly" and "willfully" are contained in the statute,
neither knowledge nor criminal intent is necessary. In other words, a
person morally quite innocent and with every intention of being a lawabiding citizen becomes a criminal, and liable to criminal penalties, if he
does an act prohibited by these statutes.
65
773 Phil. 614,628 (2015).
783 Phil. 711, 728 (2016): "In Saguin v. People, we have said that non-remittance of Pag-IBIG Fund
premiums without lawful cause or with fraudulent intent is' punishable under the penal clause of Section
23 of Presidential Decree No. 1752. However, the petitioners in Saguin were justified in not remitting
the premiums on time as the hospital they were working in devolved to the provincial government and
there was confusion as to who had the duty to remit."
67
755 Phil. 709, 763-764 (2015).
66
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