Philippine Bar review · Question

Practice question: Suppletory Application of the Revised Penal Code

Multiple Choice Medium Jurisprudence

Practice question

A BP 22 accused argues that no RPC principle can be considered because BP 22 is a special law. Which response follows Ladonga?
  1. The argument is correct in every respect.
  2. Special laws are automatically void without repeating the RPC.
  3. Only the first sentence of Article 10 may be read.
  4. The Court must ignore every compatibility question.
  5. Article 10 permits relevant supplementary provisions absent a contrary special rule; their actual applicability must still be assessed.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 8 and 10.
  • Ladonga v People, G.R. No. 141066, February 17, 2005, main decision, Article 10 and proof of conspiracy: https://lawphil.net/judjuris/juri2005/feb2005/gr_141066_2005.html

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