Evangeline Ladonga vs. People of the Philippines, G.R. NO. 141066, February 17, 2005, 492 Phil. 60

Facts:
Accused was charged with her husband violation of BP 22 for issuing checks on closed account. RTC found her husband guilty and the accused as co-conspirator of the said crime. Accused appeal to the CA contending that BP 22 has no provision on conspiracy. CA affirmed the decision of the RTC stating that as the BP 22 do not prohibit the application of RPC in suppletory, Conspiracy to commit violation of BP 22 is valid. Hence this case

Issue:
Whether the RPC is suppletory to BP 22.

Held:
Yes, B.P. Blg. 22 does not expressly proscribe the suppletory application of the provisions of the RPC. Thus, in the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which, by their nature, are necessarily applicable, may be applied suppletorily.

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.

The first clause should be understood to mean only that the special penal laws are controlling with regard to offenses therein specifically punished. Said clause only restates the elemental rule of statutory construction that special legal provisions prevail over general ones. Lex specialis derogant generali. In fact, the clause can be considered as a superfluity, and could have been eliminated altogether. 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 specifically provide the contrary.

2 thoughts on “Evangeline Ladonga vs. People of the Philippines, G.R. NO. 141066, February 17, 2005, 492 Phil. 60

  1. Pingback: Criminal Law 1

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