Skip to main content

Outline of Accessory Penalties Inherent in Principal Penalties


1. Death
     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 of the principal penalty.
3. Prision Mayor
     a. Temporary absolute disqualification.
     b. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty.
4. Prision Correctional
     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 of the principal penalty.
5. Arresto 
     Suspension to the right to hold office and the right of suffrage during the term  of the sentence.

When and How Penalty is to be Executed
     Only penalty by final judgment can be executed. A penalty shall be executed in the form prescribed by law and with any circumstances or incidents expressly authorized thereby.

Suspension of the Execution and Service of the Penalties in case of Insanity
1. Convict becomes insane or imbecile after final sentence has been pronounced, the execution of such sentence is suspended only as regards to the personal penalty.
2. If he recovers, his sentence shall be executed unless the penalty has prescribed.
3. Even if he is serving his sentence, the convict becomes insane or imbecile, number 1 and 2 shall be observed.
4. The payment of his civil or pecuniary liabilities shall not be suspended.
Labels:

Comments

Post a Comment

Popular posts from this blog

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...
Post a Comment
Read more

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...
Post a Comment
Read more

RULES ON ACCESSION (BUILDERS/PLANTERS/SOWERS)

In the Civil Code of the Philippines or Republic Act No. 386, there are provisions which govern the laws on property, this chapter discusses about ACCESSION which contains the provision of Builder/Planter/Sower (Article 440 to Article 475). In Accession (Article 440) , it states that, “The ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially.” Also, in Article 445 , “Whatever is built, planted or sown on the land of another, and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles.”. Article 446 states that, “All works, sowing, and planting are presumed made by the owner and at his expense , unless the contrary is proved .” Article 441. To the owner belongs: (1) The natural fruits - Natural fruits are the spontaneous products of the soil, and the young and other products of animals. ...
Post a Comment
Read more