Practice question
A new special penal statute contains a complete express rule on a particular issue and a separate gap on another. Counsel insists that Article 10 requires either applying every RPC provision wholesale or excluding the Code altogether. Which method is correct?
- The court must always choose wholesale application.
- The court must always exclude the Code.
- The court may create a new offense to fill any perceived gap.
- The court should respect the express special rule and separately assess whether a compatible RPC provision properly supplements the uncovered issue.
- The accused’s occupation decides which statute exists.
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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