Article 10 Flashcards
What are the two clauses of Article 10 of the RPC about? (2)
- Provides that offenses under special laws are not subject to the provisions of the Code
- Makes the Code supplementary to such [special] laws
English for Lex specialis derogant generali
Special legal provisions prevail over general ones
Which clause of Article 10 of the RPC provides the soul of the article?
Second clause. The main idea and purpose of the article is embodied in the provision that the “code shall be supplementary” to special laws, unless the latter should specifically provide the contrary
Special law as defined under U.S. v. Serapio, 23 Phil. 584
Penal law which punishes acts not defined and penalized by the Penal Code. It is a statute enacted by the Legislative branch, penal in character, which is not an amendment to the RPC.
When the penalties under the special law are different from those under the RPC and makes no reference to the RPC, can the RPC be used as suppletory? Why?
No. As provided under People v Simon, 234 SCRA 576 (1994), when penalties under the special law are different from and are without reference or relation to those under the RPC, there can be no suppletory effect of the rules, for the application of penalties under the said Code or by other relevant statutory provisions are based on or applicable only to said rules for felonies under the Code
Is Article 10 of the RPC applicable in punishing an accomplice under a special law which does not provide for the same?
No. As provided under Dissenting opinion, People v Padaong, 10 C.A. Rep 979, since the penalty for the offense commited under the NIRC does not provide for a penalty of a lesser degree, which an accomplice should have had, in suppletorily applying the RPC, the said accomplice cannot be penalized based on the maxim nullum crimen nulla poena sine lege
When the special law does not provide a penalty for attempted and frustrated crime, can the RPC, being used suppletorily, punish the same? Why?
No. Because the penalty for an attempted and frustrated crime is two degrees or one degree lower, respectively. When the special law does not provide for a penalty one or two degrees lower than that provided for the consummated stage, there can be not penalty(nullum crimen nulla poena sine lege). The special law has to specifically provide therefor.
Is Article 10 applicable suppletorily when a special law covers the mere attempt to commit the crime defined by it?
Yes. The attempted stage is punishable by the penalty provided by that law. (People v Jolliffe, 105 Phil. 677)
Define “supplementary” as used in Article 10 of the RPC
Supplying what is lacking;additional
Can mitigating or aggravating circumstances be applicable to offenses punishable under special laws?
No. Under People v Noble, 77 Phil. 1086, plea of guilty as mitigating circumstance under the RPC is not available to offenses pnishable under special laws
Can accessory penalties be applied to offenses under special laws?
No. Unless, the special law provides therefor (People v Santos, 44 O.G. 1289)
Where the special law adopted penalties form the RPC, should the rule for graduating penalties by degrees or determining the proper period be applied?
Yes. Indeterminate Sentence Law applies where the special law adopts penalties from the RPC.
Can indemnity and subsidiary imprisonment (Art. 100, and 39, respectively) in the RPC be applied to a violation of the Motor Vehicle Law?
Yes. It can. Under People V. Moreno 60 Phil. 712, the accused was convicted of homicide through reckless imprudence and violation of Motor Vehicle Law (RA 3992). Said special law had no provision regarding indemnity to heirs of the deceased and subsidiary imprisonment in case of insolvency. However, it was held that Articles 39 and 100 of the RPC are supplementary to the said special law
Can subsidiary imprisonment(Art. 39) under the RPC be applied to Batas Pambansa Blg. 22 (Bouncing Checks Law)?
Yes. Under SC Administrative Circular No. 13-2001, if the accused is unable to pay the fine imposed by the trial court for violation of BP Blg. 22, “there is no legal obstacle to the application of the RPC provisions on subsidiary imprisonment.”
In general, when is there suppletory application of the RPC to special laws? Provide 5 situations wherein the SC suppletorily applied the RPC to a special law
By virtue of Article 10 of the RPC, and when the provisions of the special law are silent on a particular matter.
1. Subsidiary Penalty
2. Civil Liability
3. Rules on Service of Sentence
4. Definition of Principals, Accomplices, and Accessories
5. Principle of Conspiracy
