Conflict bet General Law and Special Law

1. If the general law was enacted first, the special law is considered the exception to the general
law. Therefore the general law remains a good law, and there is no repeal (Lichauco v. Apostol,
44 Phil 138), except insofar as the exception or special law is concerned. However if there are
inconsistencies with the general law it is considered as a repeal to the general law.

2. If the special law was enacted first, both special law and general law are good laws unless:

a. There is an express declaration to tho contrary.

b. Or the is a clear , necessary and unreconcilable conflict (Cia General v. Coll. of Customs, 46
Phil. Cool c. Or unless the subsequent general law covers the whole subject and is clearly
intended to replace the special law on the matter.

Revised Penal Code

Prescriptive Periods of Crimes

1. Those punishable by death, reclusion perpetua, reclusion temporal - 20 years
2. Those punishable by other afflictive penalties -10 years
3. Those punishable by arresto mayor - 5 years
4. Libel or other similar offenses - 2 years
5. Oral defamation or slander by deed - 1 year
6. Light offenses - 6 months

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.

Art. 10. 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.
For Special Laws: Penalties should be imprisonment, and not reclusion perpetua, etc.
Offenses that are attempted or frustrated are not punishable, unless otherwise stated.
Plea of guilty is not mitigating for offenses punishable by special laws.
No minimum, medium, and maximum periods for penalties.
No penalty for an accessory or accomplice, unless otherwise stated.

Provisions of RPC applicable to special laws:

1. Art. 16 Participation of Accomplices
2. Art. 22 Retroactivity of Penal laws if favorable to the accused
3. Art. 45 Confiscation of instruments used in the crime

SUPPLETORY APPLICATION OF THE REVISED PENAL CODE

In Article 10, there is a reservation provision of the Revised Penal Code may be applied
suppletorily to special laws. You will only apply the provisions of the Revised Penal Code as
a supplement to the special law, or simply correlate the violated special law, if needed to
avoid an injustice. If no justice would result, do not give suppletorily application of the
Revised Penal Code to that of special law.
For example, a special law punishes a certain act as a crime. The special law is silent as to
the civil liability of one who violates the same. Here is a person who violated the special law
and he was prosecuted. His violation caused damage or injury to a private party. May the
court pronounce that he is civilly liable to the offended party, considering that the special
law is silent on this point? Yes, because Article 100 of the Revised Penal Code may be given
suppletory application to prevent an injustice from being done to the offended party. Article
100 states that every person criminally liable for a felony is also civilly liable. That article
shall be applied suppletory to avoid an injustice that would be caused to the private offended
party, if he would not be indemnified for the damages or injuries sustained by him.