Article 10 Flashcards
LEX SPECIALIS DEGORANT GENERALI
special legal provisions prevail over general ones
SPECIAL LAWS
Penal law punishes acts not defined and penalized by the Penal Code.
Usually follow. the form of American Penal Law, penal in character, which is not an amendment to the RPC.
ATTEMPTED AND FRUSTRATED CRIMES
If subjective phase has not yet passed, then the crime is only attempted.
If that phase has been done but the felony is not produced, the crime is frustrated.
NOT SUITABLE TO PUNISH AN ACCOMPLICE UNDER SPECIAL LAW
The penalty imposed is clearly intended only for the “person who is found in possession” of the prohibited article. No punishment for a mere accomplice is provided.
It would be a legal impossibility to determine what penalty is to be imposed upon a mere accomplice.
Nullum crimen nulla poena sine lege - no penalty without a law.
SUPPLETORY APPLICATION OF THE RPC
Finds relevance only when the provisions of the special law are silent on a particular manner
SUBSIDIARY PENALTY
violations against the Motor Vehicle Law: special law did not contain any provision that the defendant could be sentenced with subsidiary imprisonment in case of
insolvency
CIVIL LIABILITY
the Court applied suppletorily the provisions on Article 100 of RPC to a case for violation of the Revised Motor Vehicle Law.
RULES ON SERVICE OF SENTENCE
the Court applied suppletorily the rules on the service of sentence provided in article 70 of the RPC in favor of the accused who was found guilty of multiple
violations of the Dangerous Drugs Act of 1972.
DEFINITION OF PRINCIPALS, ACCOMPLICES, AND ACCESSORIES
suppletorily the Articles 17, 18, and 19 under R.A. No. 8042, or Migrant Workers and Overseas Filipinos Act of 1995
PRINCIPLE OF CONSPIRACY
under Article 8 to B.P. Blng. 22 in the absence of a contrary provision
