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ARSENIA B. GARCIA v. PEOPLE - CRIMINAL LAW CASE DIGEST


ARSENIA B. GARCIA v. PEOPLE

G.R. No. 157171, March 14, 2006

QUISUMBING, J.:


TOPICS: MALA PROHIBITA AND MALA IN SE IN ELECTION LAWS        

FACTS:

Petitioner Garcia and several members of the Board of Canvassers of Alaminos, Pangasinan allegedly decreased the votes received by senatorial candidate Aquilino Q. Pimentel, Jr. from six thousand nine hundred ninety-eight (6,998) votes as clearly disclosed in the total number of votes in the one hundred fifty-nine (159) precincts of the Statement of Votes by Precincts of the said municipality, to one thousand nine hundred twenty one (1,921) votes reflected in the Statement of Votes by Precincts and Certificate of Canvass.

RTC acquitted all the accused for insufficiency of evidence except for the petitioner who was found guilty for violation of Section 27(b) of R.A. No. 6646.  Petitioner contends that there is no motive on her part to reduce the votes of private complainant.  Respondent contends that good faith is not a defense in the violation of an election law which falls under the class of mala prohibita.

ISSUE:

Whether violation of Section 27(b) of R.A. No. 6646 is considered mala prohibita or mala in se

HELD:

Violation of Section 27(b) of R.A. No. 6646 is considered mala in se.

The Supreme Court stated that, generally, mala in se felonies are defined and penalized in the RPC.  When the acts complained of are inherently immoral, they are deemed mala in se, even if they are punished by special law.  Accordingly, criminal intent must be clearly established with the other elements of the crime; otherwise, no crime is committed.  On the other hand, in crimes that are mala prohibita, the criminal act are not inherently immoral but become punishable only because the law says they are forbidden.  With this crimes, the sole issue is whether the law has been violated.  Criminal intent in not necessary where the acts are prohibited for reason of public policy.

The act prohibited in Section 27(b) which is the act of tampering, increasing, or decreasing the votes received by a candidate in any election or refusal after proper verification and hearing to credit the correct votes or deduct such tampered votes by any member of the board of election inspector or canvasser are considered mala in se.  For otherwise, even errors and mistakes committed due to overwork and fatigue would be punishable.  Given the volume of votes to be counted and canvassed within a limited amount of time, errors and miscalculations are bound to happen.  It could not be the intent of the law to punish unintentional election canvass errors.  However, intentionally increasing or decreasing the number of votes received by a candidate is inherently immoral, since it is done with malice and intent to injure another.

Criminal intent is presumed to exist on the part of the person who executes an act which the law punishes, unless the contrary shall appear.  Thus, whoever invokes good faith as a defense has the burden of proving its existence.

Read Full text: ARSENIA B. GARCIA v. PEOPLE (full text) - ChanRobles


 

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