Practice question
A separate statute, without incorporating the offense into the RPC, defines prohibited conduct and prescribes its punishment. Is it incapable of being a crime because it is outside the Code?
- Yes, only RPC provisions can create crimes
- No; it may be a special-law crime, distinguished from an RPC felony in the technical sense
- Yes, unless its penalty is death
- No, because all special laws automatically become RPC articles
- Yes, if the statute regulates commerce
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Articles3,5,10 and21: punishable acts and omissions, dolo/culpa, special-law distinction and prior penal legislation.
- https://lawphil.net/judjuris/juri1994/jul1994/gr_93028_1994.html — People v. Simon, G.R. 93028, July 29, 1994, main decision: source of offense and penalty; borrowing RPC nomenclature does not itself convert a special-law offense into an RPC offense.
- https://lawphil.net/judjuris/juri2007/apr2007/gr_160959_2007.html — Diaz v. Davao Light and Power Co., G.R. 160959, April 3, 2007, main decision: distinction between a felony under the RPC and a special-law crime.
- https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html — RA 10951 section 1, amended Article 9: current light-felony fine threshold, used below the PHP 40,000 boundary.
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