Civil Interdiction
On Criminal Law
Civil Interdiction
ART.34
Effects of Civil Interdiction
Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of the same by acts inter vivos
Civil Interdiction is an accessory penalty to the following principal penalties:
1. Death if commuted to life imprisonment
2. Reclusion perpetua
3. Reclusion temporal
He can dispose of such property by will or donation mortis causa.
2004 Bar Exam Question (Pardon;Effect;Civil Interdiction)
TRY was sentenced to death by final judgment. But subsequently, he was granted pardon by the President. The pardon was silent on the perpetual disqualification of TRY to hold any public office. After his pardon, TRY ran for office as Mayor of APP, his home town. His opponent sought to disqualify him. TRY contended he is not disqualified because he was already pardoned by the President unconditionally.
Is TRY's contention correct? Reason Briefly
No, TRY's contention is not correct. Article 40 of the Revised Penal Code expressly provides that when the death penalty is not executed by reason of commutation or pardon, the accessory penalties of perpetual absolute disqualification and civil interdiction during 30 years from the date of the sentence shall remain as effects thereof, unless such accessory penalties have been expressly remitted in the pardon. This is because pardon only excuses the convicts from serving the sentence but does not relieve him of the effects of the conviction unless expressly remitted in the pardon.
ART.34
Effects of Civil Interdiction
Deprivation of the following rights:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of the same by acts inter vivos
Civil Interdiction is an accessory penalty to the following principal penalties:
1. Death if commuted to life imprisonment
2. Reclusion perpetua
3. Reclusion temporal
He can dispose of such property by will or donation mortis causa.
2004 Bar Exam Question (Pardon;Effect;Civil Interdiction)
TRY was sentenced to death by final judgment. But subsequently, he was granted pardon by the President. The pardon was silent on the perpetual disqualification of TRY to hold any public office. After his pardon, TRY ran for office as Mayor of APP, his home town. His opponent sought to disqualify him. TRY contended he is not disqualified because he was already pardoned by the President unconditionally.
Is TRY's contention correct? Reason Briefly
No, TRY's contention is not correct. Article 40 of the Revised Penal Code expressly provides that when the death penalty is not executed by reason of commutation or pardon, the accessory penalties of perpetual absolute disqualification and civil interdiction during 30 years from the date of the sentence shall remain as effects thereof, unless such accessory penalties have been expressly remitted in the pardon. This is because pardon only excuses the convicts from serving the sentence but does not relieve him of the effects of the conviction unless expressly remitted in the pardon.
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