Practice question
A special penal law is silent on a relevant general principle that by its nature is applicable, and contains no contrary rule. Counsel argues that Article 10 can never supply anything except conspiracy. What method follows Ladonga?
- Ignore the special law’s elements
- Reject every principle except conspiracy
- Import all RPC penalties without examining the statute
- Treat silence as automatic acquittal in every case
- Examine the appropriate general RPC principle for supplementary application
Legal references
- Revised Penal Code, Articles 8, 10 and 22, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- Ladonga v. People, GR 141066, February 17, 2005, main decision: https://lawphil.net/judjuris/juri2005/feb2005/gr_141066_2005.html
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