Practice question
If a special penal law expressly provides a rule contrary to a proposed supplementary RPC rule, which ordinarily controls that matter?
- The RPC invariably overrides the special provision.
- The applicable special provision, subject to superior law.
- The prosecutor’s personal preference.
- Whichever rule produces the largest penalty automatically.
- Neither law can ever be applied.
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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