Additional Penalty To Be Imposed Upon Certain Accessories


Art. 58. Additional penalty to be imposed upon certain 
         accessories.

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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