Practice question
An accused is charged solely with the specially defined proposal to commit coup d’etat, with all its statutory elements proved but no actual coup. The defense argues that because ordinary proposals are not universally crimes, Article136 must be ignored. Which is correct?
- Article8’s exception requires applying the specific Article136 criminalization
- No proposal can ever be punishable under any statute
- Ordinary absence of a universal offense repeals every special provision
- The court must replace the charge with completed coup despite no execution
- The fine alone proves no offense exists
Legal references
- Revised Penal Code Articles4–5,8,16–22,59, specified provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Article8 special criminalization principle.
- RA10951 Sections4 and6, updated Articles115 and136: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html
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