1. Felony and Crime, Defined and Distinguished

Mala In Se

Crimes mala in se are those so serious in their effects on society as to call for almost unanimous condemnation of its members.

The term mala in se refers generally to felonies defined and penalized by the RPC. When the acts are inherently immoral, they are mala in se, even if punished by special laws. (Reyes, Book I)

"Committing a felony"

A felony is an act or omission punishable by the RPC. If the act is not punishable by the Code, it is not a felony. (Reyes, Book I)

But the felony committed by the offender should be one committed by means of dolo, that is, with malice, because par. 1 of Art. 4 speaks of wrongful act done "different from that which he intended." If the wrongful act results from the imprudence, negligence, lack of foresight or lack of skill of the offender, his liability should be determined under Art. 365, which defines and penalizes criminal negligence. (Id)

For Art. 4(1) to apply, the offender must commit an intentional felony under the RPC. A violation of a special law alone does not suffice, even though the same act may also be punishable under the RPC.

Where the offender did not intend to do any other injury, the wrongful act done could not be different. (Id)

Felonies

FELONIES are acts and omissions punishable by the Revised Penal Code.

By executing a fictitious contract to the prejudice of another distinguished from fraudulent insolvency.