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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:
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.
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.