Definition of Malice

Malice, particularly malicious intent, is a mental state or condition that prompts an overt act without legal excuse or justification. It is properly applied only to deliberate acts done on purpose and with design. Evil intent must unite with an unlawful act. In the context of rendering an unjust judgment, "knowingly" doing an injustice means acting consciously, deliberately, and maliciously or in bad faith. Unjust vexation is a felony committed by dolo, and malice is an inherent element of the crime. For malicious mischief, malice is an element of the crime, requiring the offender to deliberately cause damage to property.

Types of Malice

The sources primarily discuss two types of malice, particularly in the context of crimes against honor (libel and slander): malice in law and malice in fact.

• Malice in Law (Implied or Presumed Malice) Malice in law is a presumption of law. It is presumed to exist from the defamatory imputation itself. This presumption dispenses with the necessity of proving malice when the defamatory words are uttered. Malice in law can exist even if the author of the defamatory statement acted in good faith. However, in cases of qualifiedly privileged communication, the presumption of malice in law is lost by proving actual malice.

• Malice in Fact (Actual Malice) Malice in fact requires positive proof. It is a positive desire and intention to annoy and injure the offended party. It is also referred to as express malice, real malice, true malice, or particular malice. In qualifiedly privileged communications, malice in fact must be proven to overcome the privilege and make the statement actionable. Actual malice is demonstrated when the defamer makes a defamatory statement knowing it is false or with reckless disregard for its truth or falsity. Reckless disregard involves having a high degree of awareness of probable falsity or entertaining serious doubts about the truth of the published material. In criminal libel cases concerning public figures, the prosecution bears the burden of proving actual malice.

Malice vs. Fault/Negligence (Dolo vs. Culpa)

Criminal acts can be committed with intent (dolo) or by means of fault (culpa). Crimes committed with intent involve deliberate intent. Malicious intent is the requirement for intentional felonies (dolo), involving an evil heart or purpose. Fault or negligence (culpa) involves imprudence, negligence, lack of foresight, or lack of skill. While some crimes can be committed through culpa, others specifically require dolo (malice). For example, malicious mischief cannot be committed through negligence; it requires deliberate intent or malice. Unjust vexation and estafa, when committed intentionally, involve dolo and require malice. Falsification, however, can be committed through culpa (reckless imprudence). Discernment, the mental capacity of a minor to understand the difference between right and wrong, is an essential element of felony committed by dolo or culpa.