Practice question
A clerk compares arresto menor and destierro and finds opposite placements in Articles70 and71. The clerk concludes that one provision must be ignored in every case. What resolves the apparent conflict?
- Treat both lists as interchangeable
- Use Article70 for successive service and Article71 for graduation of penalty degrees
- Always choose the harsher-looking result without legal analysis
- Use alphabetical order
- Assume both penalties were repealed
Legal references
- Commonwealth Act217 Section2, amended RPC Article70; Section3 Article71 for contrast: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/29/15348
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