Article 10. Offenses Not Subject to the Provisions of RPC
On Criminal Law
Article 10. Offenses not subject to the provisions of this Code. - Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
General Rule: RPC provisions are supplementary to special laws.
General Rule: RPC provisions are supplementary to special laws.
Exceptions:
1. When special law provides otherwise
2. When the provision of RPC is impossible for the application, either by express provision or by necessary implication
1. When special law provides otherwise
2. When the provision of RPC is impossible for the application, either by express provision or by necessary implication
Provisions of RPC applicable to special laws:
- Art. 16 Participation of Accomplices
- Art. 22 Retroactivity of Penal laws if favorable to the accused
- Art. 45 Confiscation of instruments used in the crime
Note: When the special law adopts the penalties imposed in the RPC, i.e., penalties as reclusion perpetua, prision correccional, etc., the provisions of the RPC on the imposition of penalties based on stages of execution, degree of participation, and attendance of mitigating and aggravating circumstances may be applied by necessary implication.
- Art. 22 Retroactivity of Penal laws if favorable to the accused
- Art. 45 Confiscation of instruments used in the crime
Note: When the special law adopts the penalties imposed in the RPC, i.e., penalties as reclusion perpetua, prision correccional, etc., the provisions of the RPC on the imposition of penalties based on stages of execution, degree of participation, and attendance of mitigating and aggravating circumstances may be applied by necessary implication.
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| Special Laws vs. Penal Laws |
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