Art.10 Offenses not subjected to the Provisions of this Code. Flashcards Preview

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1

What is ARTICLE 10 of the RPC?

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.

2

The 2 Clauses of Article 10 reconciled:

First clause:

Penal code is not intended to supersede SPECIAL PENAL LAWS. Special legal provisions prevail over the general ones.

Second clause:

The RPC shall be supplementary. It shall provide punishments and provisions where crimes in special laws do not mention specifically such.

3

What are SPECIAL LAWS?

Penal Law punishing acts not defined and penalized by the Penal Code.

•Not to be treated as amendments to the RPC. •Statutes enacted by LEGISLATIVE BRANCH. (usually follows form of American Penal Law)

 

4

Which Articles of the Revised Penal Code CANNOT be applied to offenses punishable under SPECIAL LAWS?

Art.6:Attempted, Frustrated

Art.18&19:Accomplices&Accessories

Art.50-57:Prin in an attempt felon is 2deg,prin in frust is 1deg lower than consu / Accom: 1deg lower than consu / Acce:2deg lower than consu

Art.13&14:Mitigating&Aggravating circumstances

Art.64: Rules App of penalties w/3PERIODS

Art.71: penalty is lowered by 1-2deg

5

When should you use the term: IMPRISONMENT and not Prision Correccional?

 

Or how about "prision mayor" and  "arresto mayor"?

SPECIAL LAWS

uses the Term : imprisonment.

 

RPC

uses the terms "Prision Correccional", "prision mayor", "arresto mayor".

6

What does SUPPLEMENTORY mean?

- It means to supply what is lacking; additional.

- Par2 of Article 10 is PERFECTLY APPLICABLE to special laws.

Articles in the RPC that are applicable to SPECIAL LAWS:

Art10 is the provision that allows supplementory application of the RPC to Special Laws.

Art22: Retroactive effect of PENAL LAWS if favorof the accused.

Art17: part. of prin. in comm of the crime

Art39: subsi. imprisonment in cases:insolvency to pay the fine

Art45: confiscation of instruements used

7

Whan is the supplementory application of the RPC allowed with SPECIAL PENAL LAWS by virtue of Article 10?

Only when the SPECIAL PENAL LAW is SILENT on a particular matter.

1. Subsidiary Penalty

Article 39

2. Civil Liability

Article 100

3. Rules on Service of Sentence

Article 70

4. Definition on Principals, Accomplices&Accessories

Article 17, 18 & 19

5. Priciple of Conspiracy

Article 8

8

When is the RPC not suppletory  to Special Penal Laws?

When the Penalties of the SPL are DIFFERENT from the RPC.