Specific Characteristics of Special Penal Laws

(Gen. Rules & Exceptions)

I. They punish acts not defined and punished by the Revised Penal Code.

o A law that merely amends a provision of the RPC is not a SPL.

Ex. The Anti-Cattle Rustling Law modifying Art. 308, 309
And 310 of the RPC does not define or create a crime which
is mala prohibita.

o But: - Anti-Carnapping Law though it amends Art.

310 of the RPC does make carnapping mala
prohibita.
- Art. 3(e), R.A. No. 3019

II. Intent to commit the crime is immaterial since the act is considered MALA
PRO HIB ITA.

o RPC: Felonies requires DOLO (MALICE. It necessitates mens rea

(criminal or evil inent).
Or c u lp a.

o SPL: Mala In Se
- "Has the law been violated?"
- Good faith is therefore not a defense.

III. Modifying circumstances are not considered in determining the penalty.

IV. Degree of participation is not considered in determining liability.

o Only the principal is punished.

-A person who person who knowingly deals in property
which are the fruits of theft or robbery is merely an accessory
under the RPC.
-He is however the "principal" under the Ant-Fencing Law.
o No Accomplices (Art. 18) or Accessories (Art. 19)
Unless the law specifically provides so.
-

V. The criminal act is punished only if it is consummated.

VI. Special penal laws are controlling in relation to the offense it punishes and
is not subject to the RPC.
o Art. 10.

VII. The RPC is supplementary to special penal law when the SPL follows the
nomenclature of penalties in the RPC.

VIII. Conviction under the RPC for an act also punished by a SPL does not give
rise to double jeopardy.

IX. A felony under the RPC cannot be complexed with an offense under a SPL.