Article 10

Question 1

Special law

Answer 1

a penal law which punishes acts not defined and penalized by the Penal Code;

statute enacted by the legislative branch, penal in character, but which is not an amendment to the RPC

Question 2

Special laws do not provide for a scale of penalties

Answer 2

unlike those in RPC which has three periods and can be lowered. Special laws’ penalties are STRAIGHT PENALTIES

should use imprisonment v. RPC’s prision correccional

Question 3

Plea of guilty in illegal possession of firearms

Answer 3

not mitigating because punished by special law

No aggravating circumstances that can be appreciated in special laws

Question 4

Special laws are not subject to provisions relating to Attempted or Frustrated crimes

Answer 4

…unless the special law provides a penalty therefor for the attempted/frustrated stage of an offense under the special law. Special law cannot use the penalty for consummated felony to punish attempted/frustrated stage

No accessory penalty, unless special law provides therefor

Question 5

RPC is supplementary when… and when NOT supplementary

Answer 5

1) Special law adopted penalties from RPC, thus rules on graduating penalties by degree is applicable
2) Provisions of special law are silent on a particular matter
3) General provisions of the RPC, which by their nature, are necessarily applicable, may be applied suppletorily

WHEN NOT SUPPLEMENTARY:
1) Penalties under special law and RPC are different

Question 6

Specific circumstances where RPC is supplementary..

Answer 6

1) retroactive effect of penal laws
2) participation of principals in the commission of the crime
3) subsidiary imprisonment
4) confiscation of instruments (Art. 45)