Effects Of The Penalties Of Perpetual Or Temporary Absolute Disqualification
On Criminal Law
ART.30
NOTES:
The exclusion is a mere disqualification from protection, and
not for punishment – the withholding of a privilege, not a
denial of a right.
Perpetual absolute disqualification is effective during the
lifetime of the convict and even after the service of the sentence.
Temporary absolute disqualification is effective during the
term of sentence and is removed after the service of the same.
Exceptions: (1) deprivation of the public office or employment;
(2) loss of all rights to retirement pay or other
pension for any office formerly held.
A plebiscite is not mentioned or contemplated in Art.30, par.2
(deprivation of the right to vote), hence, the offender may
vote in that exercise, subject to the provisions of pertinent
election laws at the time.
Effects of Perpetual and temporary absolute disqualification:
1. Deprivation of any public office or employment of offender
2. Deprivation of the right to vote in any election or to
be voted upon
3. Loss of rights to retirement pay or pension
All these effects last during the lifetime of the convict and
even after the service of the sentence except as regards
paragraphs 2 and 3 of the above in connection with Temporary
Absolute Disqualification.