Special law is a statute enacted by the Legislative branch penal in character

Special law is a statute enacted by the legislative

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Special law is a statute enacted by the Legislative branch, penal in character, which is not an amendment to the Revised Penal Code. Special laws usually follow the form of American penal law. The penal clause, for exam- ple, provides a penalty of from five to ten years or a fine not exceeding P5,000.00, or both, in the discretion of the court. The first clause should be understood to mean only that the Penal Code is not intended to supersede special penal laws. The latter are controlling with regard to offenses therein specially punished. Said clause only restates the elemental rule ofstatutory construction that special legal provisions prevail over general ones. The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that the "Code shall be supplementary" to special laws, unless the latter should specially provide the contrary. (Dissent of Justice Perfecto, People vs. Gonzales) Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Atty. Degoma Input GR: No suppletory application to special penal laws. EXC 1) Special penal laws explicitly indicates RPC suppletorily . 2) does not explicitly state but uses nomenclature of penalties b. When is the suppletory effect of the RPC on special laws not available Whenever the special law uses the nomenclature of penalties in the R P C , indicating the intent of Congress to make the Code apply suppletorily to such special laws (People v. Simon,), unless the special law, though using the Code's nomenclatures, specially provide that it shall not be supplementary to such laws (Last clause of sentence no. 2). When the RPC supplements the special law, the rules under the former shall be followed including in the application of the ISL. But the mere fact that the special law uses the nomenclature of penalties of the Code does not make the offense malum in se. Some provisions ofthe Penal Code (especially with the addition of the second sentence of Art. 10), are perfectly applicable to special laws. In fact, the Supreme Court has extended some provisions of the Penal Code to special penal laws, such as, the provisions of Article 22 with reference to the retroactive effect of penal laws if they favor the accused (People vs. Parel,); those of Article 17 with reference to participation of principals in the commission of the crime (U.S. vs. Ponte,); those of Article 39 with reference to subsidiary imprisonment in case of insolvency to pay the fine (People vs. Abedes,); and those of Article 45 with reference to the confiscation of the instruments used in the commission of the crime. ( U.S. vs. Bruhez) Under Article 10, it shall be supplementary to special laws, unless the latter provide the contrary. Hence, legal principles developed from Penal Code may be applied in supplementary capacity to crimes punished under special laws.
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  • Spring '17
  • john doe

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