Offenses Not Subject To The Provisions Of RPC
ART.10
General Rule: RPC provisions are supplementary to special laws.
Exceptions:
1. when special law provides otherwise
2. when provision of RPC are impossible of 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 imposition of penalties based on stages
of execution, degree of participation and attendance
of mitigating and aggravating circumstance may be
applied by necessary implication.
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| Special Laws vs. Penal Laws |
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Bigwas
I'm Bigwas. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
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