1. What is Plunder? Is the crime of Plunder under mala prohibita or mala in se crime? Explain?

Under [REPUBLIC ACT NO. 7080] AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER - Definition of the
Crime of Plunder; Penalties. — Any public officer who, by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt or criminal acts as described in Section 1(d) hereof in the aggregate amount or total value of at least
Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any
person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise
be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and
all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the
deposit or investment thereof forfeited in favor of the State. (As amended by RA 7659, approved Dec. 13, 1993

A common misconception is that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita
crimes are provided by special penal laws. In reality, however, there may be mala in se crimes under special laws, such as plunder
under R.A. No. 7080, as amended.66 Similarly, there may be mala prohibita crimes defined in the RPC, such as technical
malversation.67
it ruled that in acts mala in se, the criminal intent governs. But in those acts mala prohibita, the only inquiry is: has the law been
violated?[15] Acts constituting malversation, estafa, and bribery are mala in se. The courts must inquire into the criminal intent, the evil
nature or wrongful disposition behind the criminal acts. In mala prohibita crimes, there is a violation of a prohibitory law and the
inquiry is, therefore, has the law been violated?
In the crime of plunder, it is enough that the acts defining malversation or bribery are described. The court then proceeds to
determine whether the acts fall under the prohibitory terms of the law. Criminal intent no longer has to be proved.The criminal intent
to commit the crime is not required to be proved. The desire to benefit particular persons does not have to spring from criminal intent
under the special law creating the crime of plunder. In malversation or bribery under the Revised Penal Code, the criminal intent is an
important element of the criminal acts. Under the Plunder Law, it is enough that the acts are committed.

Thus, even if the accused can prove lack of criminal intent with respect to crimes mala in se, this will not exonerate him under the
crime mala prohibita. This violates substantive due process and the standards of fair play because mens rea is a constitutional
guarantee under the due process clause. Indeed, as stated by the U.S. Supreme Court in Morisette v. U.S.:[16] [G.R. No. 148560.
November 19, 2001] JOSEPH EJERCITO ESTRADA, petitioner, vs. SANDIGANBAYAN (Third Division) and PEOPLE OF
THE PHILIPPINES, respondents

2. What are the act punishable under R.A 4200? What are exceptions and prohibitions?