41 People Vs Sunico

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41

PEOPLE v. SUNICO, ET AL / C.A., 50 OG 5880


FACTS:
The accused were election inspectors and poll clerks who were to transfer
the names of voters in other precincts to the list of a newly created precinct.
Several voters were omitted in the list thus, disallowing them to vote.
They were prosecuted for violation of Secs. 101 and103 of the Revised
Election Code.
They claimed that they made the omission in good faith.
The trial court found the accused guilty.
The crime, even though there was no bad faith in the act of the accused was
decided to be malum prohibitum.
Even without criminal intent, their act was still criminally punishable.
ISSUE:
Whether the act was mala in se or mala prohibita.
RULING:
The Supreme Court decided that the acts of the accused were mala in se.
They find
that failure to include a voters name in the registry was not only prohibited
but it is wrong because it excludes a person from one of his fundamental
rights, to vote. For the accused to be punished, there should be intentional or
willful omission on their part, which the accused at bar did not do. Because
the accused was charged in relation to the Revised Election Code and not
the Revised Penal Code or its amendments, they cannot be criminally
punished.

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