Additional Penalty To Be Imposed Upon Certain Accessories
On Criminal Law
Additional penalty to be imposed upon certain accessories
Art. 58.
Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.
NOTE: Art. 58 is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.
Additional Penalties for Public Officers who are accessories:
1. Absolute Perpetual Disqualification, if the principal offender is guilty of a grave felony
2. Absolute temporary disqualification, if the principal offender is guilty of less grave felony
ART. 59: Penalty To Be Imposed In Case Of Failure To Commit The Crime Because The Means Employed Or The Aims Sought Are Impossible
NOTES:
Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender
The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos.
Art. 59 is limited to grave and less grave felonies.
However, considering Article 4, this article is actually limited to offenses against persons or property.
Art. 58.
Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.
NOTE: Art. 58 is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.
Additional Penalties for Public Officers who are accessories:
1. Absolute Perpetual Disqualification, if the principal offender is guilty of a grave felony
2. Absolute temporary disqualification, if the principal offender is guilty of less grave felony
ART. 59: Penalty To Be Imposed In Case Of Failure To Commit The Crime Because The Means Employed Or The Aims Sought Are Impossible
NOTES:
Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender
The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos.
Art. 59 is limited to grave and less grave felonies.
However, considering Article 4, this article is actually limited to offenses against persons or property.
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