peoplevmacatanda

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Art10 RPC

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  • THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

    SAGLALA MACATANDA, defendant-appellant.

    G.R. No. L-51368; November 6, 1981

    Ponente: De Castro, J:

    Facts:

    Saglala Macatanda, appellant with Macabaas, Mangigya, Makaonggos was in possession of

    two (2) carabaos missing from the house of the complainant in Lanao del Norte. The four was

    discovered by the complainant and the team leader of Constabulary home defense unit and was

    engaged in a gun battle, as a result of which the appellant was wounded. Appellants companion

    fled leaving Macatanda and the carabaos behind. He was taken into custody and was charged with

    cattle rustling or violation of the Anti Cattle Hustling Law (P.D. 533), a special penal law.

    Issue:

    Whether or not the articles from the penal code could be applied to special laws.

    Held:

    Yes. The penal code supplements special laws unless expressly provided otherwise (Article 10).

    However, the Court do not agree with the Solicitor General that P.D. 533 is a special law, entirely

    distinct from and unrelated to the Revised Penal Code. From the nature of penalty imposed which is

    in terms of the and duration of the penalties as prescribed in the Revised Penal Code with the

    respect to the offense of theft of the large cattle (Article 310).

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