Yield to the more definitive rpc provisions in line

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yield to the more definitive RPC provisions in line with the principle of lex specialis derogat generali general legislation must give way to special legislation on the same subject, and generally is so interpreted as to embrace only cases in which the special provisions are not applicable . In other words, where two statutes are of equal theoretical application to a particular case, the one specially designed therefor should prevail. In the present case, petitioner was sentenced to suffer the principal penalties of reclusion perpetua and reclusion temporal which, pursuant to Article 41 of the RPC, carried with it the accessory penalty of perpetual absolute disqualification and in turn, pursuant to Article 30 of the RPC, disqualified him to run for elective office. As discussed, Section 40(a) of the LGC would not apply to cases wherein a penal provision such as Article 41 in this case directly and specifically prohibits the convict from running for elective office. Hence, despite the lapse of two (2) years from petitioner’s service of his commuted prison term, he remains bound to suffer the accessory penalty of perpetual absolute disqualification which consequently, disqualifies him to run as mayor for Zamboanga City. Notably, Article 41 of the RPC expressly states that one who is previously convicted of a crime punishable by reclusion perpetua or reclusion temporal continues to suffer the accessory penalty of perpetual absolute disqualification even though pardoned as to the principal penalty, unless the said accessory penalty shall have been expressly remitted in the pardon . In this case, the same accessory penalty had not been expressly remitted in the Order of Commutation or by any subsequent pardon and as such, petitioner’s disqualification to run for elective office is deemed to subsist. All told, applying the established principles of statutory construction, and more significantly, considering the higher interests of preserving the sanctity of our elections, the Court holds that Section 40(a) of the LGC has not removed the penalty of perpetual absolute disqualification which petitioner continues to suffer.1âwphi1 Thereby, he remains disqualified to run for any elective office pursuant to Article 30 of the RPC.
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POLITICAL LAW CASE DIGESTS 150 JULY 2013 (OSCOLLUELA v. SANDIGANBAYAN G.R. No. 191411, July 15, 2013 ] Second Division, Perlas-Bernabe, J. DOCTRINE: -Constitutional Law; Right to a speedy disposition of a case; A person’s right to the speedy disposition of his case is guaranteed under Section 16, Article III of the 1987 Philippine Constitution (Constitution) which provides: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
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