Death; Its Accessory Penalties
On Criminal Law
Art. 40. Death; Its Accessory Penalties
Art. 41. Reclusion perpetua and Reclusion Temporal; their
Accessory Penalties
Art. 42. Prision Mayor; Its Accessory Penalties
Art. 43. Prision Correccional; Its Accessory Penalties
Art. 44. Arresto; Its Accessory Penalties
1. Death, if not executed because of commutation or pardon
a. perpetual absolute disqualification
b. civil interdiction during 30 years (if not expressly remitted in the pardon)
2. Reclusion Perpetua and Reclusion Temporal
a. civil interdiction for life or during the sentence
b. perpetual absolute disqualification (unless expressly remitted in the pardon)
3. Prision Mayor
a. temporary absolute disqualification
b. perpetual special disqualification from suffrage (unless expressly remitted in the pardon)
4. Prision Correccional
a. suspension from public office, profession or calling
b. perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless expressly remitted in the pardon)
5. Arresto Mayor/Arresto Menor
a. Suspension of right to hold office
b. Suspension of the right of suffrage during the term of the sentence.
NOTES:
The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these penalties, they must be expressly remitted in the pardon.
No accessory penalty for destierro.
Persons who served out the penalty may not have the right to exercise the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute pardon restores to him his political rights. If the penalty is less than one year, disqualification does not attach
except if the crime done was against property.
The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more.
The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime.
The accessory penalties do not affect the jurisdiction of the court in which the information is filed because they do not modify or alter the nature of the penalty provided by law. What determines jurisdiction in criminal cases is the principal penalty.
Reclusion Perpetua from Life Imprisonment Distinguished
1. Reclusion Perpetua - Specific duration of 20 years and 1 day to 40 years and accessory penalties.
Life Imprisonment - no definite term or accessory penalties.
2. Reclusion Perpetua - Imposable on felonies punished by the RPC.
Life Imprisonment - Imposable on crimes punishable by special laws
Art. 41. Reclusion perpetua and Reclusion Temporal; their
Accessory Penalties
Art. 42. Prision Mayor; Its Accessory Penalties
Art. 43. Prision Correccional; Its Accessory Penalties
Art. 44. Arresto; Its Accessory Penalties
1. Death, if not executed because of commutation or pardon
a. perpetual absolute disqualification
b. civil interdiction during 30 years (if not expressly remitted in the pardon)
2. Reclusion Perpetua and Reclusion Temporal
a. civil interdiction for life or during the sentence
b. perpetual absolute disqualification (unless expressly remitted in the pardon)
3. Prision Mayor
a. temporary absolute disqualification
b. perpetual special disqualification from suffrage (unless expressly remitted in the pardon)
4. Prision Correccional
a. suspension from public office, profession or calling
b. perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless expressly remitted in the pardon)
5. Arresto Mayor/Arresto Menor
a. Suspension of right to hold office
b. Suspension of the right of suffrage during the term of the sentence.
NOTES:
The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these penalties, they must be expressly remitted in the pardon.
No accessory penalty for destierro.
Persons who served out the penalty may not have the right to exercise the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute pardon restores to him his political rights. If the penalty is less than one year, disqualification does not attach
except if the crime done was against property.
The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more.
The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime.
The accessory penalties do not affect the jurisdiction of the court in which the information is filed because they do not modify or alter the nature of the penalty provided by law. What determines jurisdiction in criminal cases is the principal penalty.
Reclusion Perpetua from Life Imprisonment Distinguished
1. Reclusion Perpetua - Specific duration of 20 years and 1 day to 40 years and accessory penalties.
Life Imprisonment - no definite term or accessory penalties.
2. Reclusion Perpetua - Imposable on felonies punished by the RPC.
Life Imprisonment - Imposable on crimes punishable by special laws
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