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Death; Its Accessory Penalties


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










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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