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CRIMINAL

LAW 1 REVIEWER

SECTION 2 EFFECTS OF PENALTIES ACCORDING TO THEIR


RESPECTIVE NATURE

Article 30. Effects of the penalties of perpetual or temporary
absolute disqualification.
The penalties of perpetual or temporary absolute disqualification for
public office shall produce the following effects:
1. The deprivation of the public offices and employments which
the offender may have held even if conferred by popular
election.
2. The deprivation of the right to vote in any election for any
popular elective office or to be elected to such office.
3. The disqualification for the offices or public employments and
for the exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during
the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any
office formerly held.

Article 31. Effect of the penalties of perpetual or temporary special
disqualification.
The penalties of perpetual or temporary special disqualification for
public office, profession or calling shall produce the following effects:
1. The deprivation of the office, employment, profession or
calling affected;
2. The disqualification for holding similar offices or employments
either perpetually or during the term of the sentence,
according to the extent of such disqualification.

Article 32. Effects of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage.
The perpetual or temporary special disqualification for the exercise of
the right of suffrage shall deprive the offender perpetually or during

the term of the sentence, according to the nature of said penalty, of


the right to vote in any popular election for any public office or to be
elected to such office. Moreover, the offender shall not be permitted
to hold any public office during the period of his disqualification.

Article 33. Effects of the penalties of suspension from any public
office, profession or calling, or the right of suffrage.
The suspension from public office, profession or calling, and the
exercise of the right of suffrage shall disqualify the offender from
holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.

The person suspended from holding public office shall not hold
another having similar functions during the period of his suspension.

Article 34. Civil interdiction.
Civil interdiction shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as
to the person or property of any ward, of marital authority, of the
right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos.

Article 35. Effects of bond to keep the peace.
It shall be the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall undertake that such
person will not commit the offense sought to be prevented, and that
in case such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to deposit such
amount in the office of the clerk of the court to guarantee said
undertaking.

The court shall determine, according to its discretion, the period of
duration of the bond. (Read also Art. 284)


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Should the person sentenced fail to give the bond as required he shall
be detained for a period which shall in no case exceed six months, if he
shall have prosecuted for a grave or less grave felony, and shall not
exceed thirty days, if for a light felony.

POINTS

I. Perpetual v. Temporary
Perpetual effective during the lifetime of the convict even
after serving his sentence.
Temporary lasts during the term of the sentence and
removed after service of the same
o Exception: (1) Deprivation of public office or
employment, and (2) loss of all rights to retirement pay
or other pension for any office formerly held.

II. Outline Of The Effects Of Penalties Under Articles 30-35
1. The penalties of perpetual or temporary absolute
disqualification for public office produce the following effects:
a. Deprivation of public offices and employments,
even if by election.
b. Deprivation of right to vote or to be elected.
c. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
d. Loss of right to retirement pay or pension for any
office formerly held.
2. The penalties of perpetual or temporary special Disqualification
for public office, profession or calling produce the following
effects:
a. Deprivation of the office, employment, profession or
calling affected.

3.

4.

5.

6.

b. Disqualification for holding similar offices or


employments perpetually or during the term of the
sentence.
The penalties of perpetual or temporary special disqualification
for the exercise of the right to suffrage produce the following
effects:
a. Deprivation of the right to vote or to be elected to any
public office.
b. Cannot hold any public office during the period of
disqualification.
The penalties of suspension from public office, profession or
calling or the right to suffrage produce the following effects:
a. Disqualification from holding such office or exercising
such profession or calling or right of suffrage during the
term of the sentence.
b. If suspended from public office, the offender cannot
hold another office having similar functions during the
period of suspension.
Civil interdiction shall produce the following effects:
a. Deprivation of the rights of parental authority or
guardianship of any ward.
b. Deprivation of marital authority.
c. Deprivation of the right to manage his property and of
the right to dispose of such property by any act or any
conveyance inter vivos.
Note: A convict can prepare a will because its not a
donation inter vivos.
Bonds to keep the peace:
a. The offender must present two sureties who shall
undertake that the offender will not commit the offense
sought to be prevented, and in that case that such
offense be committed they will pay the amount
determined by the court.


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b. The offender must deposit such amount with the clerk
of court to guarantee said undertaking.
c. The offender may be detained, if he cannot give the
bond, for a perios not less than 6 months if prosecuted
for grave or less grave felony, or for a period not to
exceed 30 days, if for a light felony.

II. Disqualification Is WITHHOLDING Of A Privilege, NOT Denial Of A
Right
Manifest purpose of the restrictions is to preserve the purity of
elections. One rendered infamous by conviction of a felony, or
other base offense indicative of moral turpitude, is unfit to
exercise the privilege of suffrage or to hold office.

III. What Suspension From Exercise Of Profession Covers
Suspension, which deprives the offender of the right of
exercising any kind of profession or calling covers such calling or
trade as for instance that of broker, master plumber, etc.

IV. Bond To Keep Peace Is Not Bail Bond
Bond to keep the peace or for good behavior is imposed as a
penalty in threats (Article 284).
This differs from bail bond which aims to secure provisional
release pending final judgment.

Article 36. Pardon; its effect.
A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored
by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence.

POINTS


I. Effects Of Pardon By The President
1. A pardon shall not restore the right to hold public office or the
right of suffrage.
2. It shall not exempt the culprit from the payment of the civil
indemnity. The pardon cannot make an exception to this rule.

II. Limitation Upon The Exercise Of The Pardoning Power:
1. That the power can be exercised only after conviction.
o Any application of pardon should not be accepted until
the appeal is withdrawn.
o Agencies and instrumentalities of the govt. must require
proof (e.g. certification of the court regarding
withdrawal of such appeal).
2. That such power does not extend to cases of impeachment

III. Pardon Granted In General Terms Does Not Include Accessory
Penalties
Only the effect of the principal penalty is extinguished.
Exception: Where facts show that the purpose of the Chief
Executive is precisely to restore lost rights.
o When an absolute pardon is granted AFTER the term of
imprisonment has expired it removes all that is left of
the consequences of conviction.
Suppose a pardon is granted after the convict served 30 years of
imprisonment. Does it also pardon the perpetual absolute
disqualification?
o No, because Article 30 is silent about the length and
Article 36 requires that such restoration be EXPRESS.

IV. Pardon Of Chief Executive v. Pardon Of Offended Party

Chief Executive
Offended Party
Extinguishes criminal liability
Doesnt extinguish criminal liability


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Doesnt include civil liability
Civil liability can be waived
Pardon should be AFTER Pardon should be BEFORE
conviction and to any of the institution of criminal prosecution
offenders.
and to both offenders.

Article 37. Cost. What are included.
Costs shall include fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable amounts previously
determined by law or regulations in force, or amounts not subject to
schedule.

POINTS

I. The Following Are Included In Costs:
1. Fees
2. Indemnities in the course of judicial proceedings

II. Rules:
1. Costs are chargeable to the accused in case of conviction.
o Thus in case of acquittal, the costs are de oficio, each
party bearing his own expenses.
1. No costs against the Republic, unless the law provides the
contrary (Sec. 1, Rule 142, Rules of Court)
2. Payment of costs is discretionary (of the courts)
o Whether the costs should be assessed against the
accused lie within the discretion of the court. The
government may request the court to assess costs
against the accused, but not as a right. No attorneys
fees shall be taxed as a cost against the adverse party.

Article 38. Pecuniary liabilities. Order of payment.
In case the property of the offender should not be sufficient for the
payment of all his pecuniary liabilities, the same shall be met in the
following order:

1.
2.
3.
4.

The reparation of the damage caused.


Indemnification of consequential damages.
The fine.
The costs of the proceedings.


POINTS

I. Order For Pecuniary Liability
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine (a pecuniary penalty under Article 25)
4. Cost of proceedings
Note: 1 and 2 pertain to the offended party. 3 and 4 pertain to the
government.

A. What If Guilty Of Several Offenses?
Follow the chronological order of the dates of final judgment
rendered against the convict, beginning with the first final
judgment.

II. When Is Article 38 Applicable?
It is applicable in case the property of the offender should not
be sufficient for the payment of all his pecuniary liabilities. The
order of payment is provided in this article, and must be
observed.
There is reparation in the crime of rape when the dress of the
woman was torn. This is distinct from indemnity (U.S. v.
Yambao).

Article 39. Subsidiary penalty.
If the convict has no property with which to meet the fine mentioned
in paragraph 3 of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each eight pesos,
subject to the following rules:


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1. If the principal penalty imposed be prision correccional or
arresto and fine, he shall remain under confinement until his
fine referred in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it continue for more
than one year, and no fraction or part of a day shall be
counted against the prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision
correccional no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in
the preceding rules, shall continue to suffer the same
deprivation as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from
the fine in case his financial circumstances should improve. (As
amended by Republic Act No. 5465, April 21, 1969.)

POINTS

I. What Is Subsidiary Penalty?
It is a subsidiary personal liability to be suffered by the convict
who has NO property with which to meet the fine he is
penalized with, at the rate of one day for each eight pesos.
o Retroactive application of Republic Act No. 5465: An act
amending Article 29 of Revised Penal Code increasing
the rate per day of subsidiary penalty from two pesos
and fifty centavos to eight pesos.

There is no subsidiary penalty for nonpayment of (1) reparation


of the damage caused, (2) indemnity, and (3) costs of
proceedings.
o He cant be ordered to serve subsidiary imprisonment
for failure to pay pecuniary liability (reparations), but he
can serve for pecuniary penalty (fine).
It is the penalty prescribed or imposed by the court, not the
penalty provided for the Code which should be considered in
determining whether or not subsidiary penalty should be
imposed.
Subsidiary imprisonment is not imprisonment for debt since it
does not arise from an obligation to pay a sum of money arising
from a contract.


II. Judgment of conviction must impose subsidiary imprisonment
That the accused will undergo subsidiary imprisonment in case
of insolvency can only be imposed if specifically imposed in the
judgment of conviction.
Subsidiary imprisonment is not an accessory penalty.
The decision need not state that there should not be any
subsidiary imprisonment when the law forbids it.

III. If Accused Has No Property With Which To Meet The Fine
Article 39 applies only when the accused has no property with
which to meet the fine. If the accused has enough property, he
cannot choose subsidiary imprisonment instead of paying.

IV. The Word Principal Should Be Omitted
Spanish: cuando la pena impuesta when the penalty imposed
Spanish text should be controlling.

V. Rules:
1. Prision Correcional or arresto and fine Subsidiary
imprisonment not to exceed 1/3 of the term of the sentence


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2.

3.
4.

5.

and in no case to continue for more than one year. Fraction or


part of a day not counted.
Fine only Subsidiary imprisonment not to exceed 6 months, if
the culprit is prosecuted for a grave or less grave felony, and not
to exceed 15 days if for a light felony
Higher than Prision Correcional NO subsidiary imprisonment
Penalty is not to be executed by confinement but of fixed
duration Subsidiary penalty shall consist in the same
deprivations as those of the principal penalty, under the same
rules as in numbers 1, 2 and 3.
In case the financial circumstances improve He shall pay the
fine notwithstanding the fact the convict suffered subsidiary
personal liability therefor.


VI. The Penalty Imposed Must Be (1) Prision Correccional, (2) Arresto
Mayor, (3) Arresto Menor, (4) Suspension, (5) Destierro Or (6) Fine
Only
If the penalty imposed by the court is not one of them,
subsidiary penalty cannot be imposed. There is no subsidiary
penalty, if the penalty imposed by the court is prision mayor,
reclusion temporal, or reclusion perpetua.
o If imprisonment is 6 years and 1 day, it is prision mayor,
and therefore no subsidiary imprisonment can be
imposed.
Penalty not to be executed by confinement, but has a fixed
duration (e.g. suspension, destierro) can impose subsidiary.
Penalty not to be executed by confinement, but has no fixed
duration (e.g. public censure) cannot impose subsidiary.

VII. Additional Penalty For Habitual Delinquency Should Be Included In
Determining Whether Or No Subsidiary Penalty Should Be Imposed
Even if the penalty imposed is not higher than prision
correctional, if the accused is a habitual delinquent who

deserves an additional penalty of 12 years and 1 day of


reclusion temporal, there is no subsidiary imprisonment.

VIII. The Subsidiary Penalty Is The Same Deprivation As Those Of
Which The Principal Penalty Consists
If the principal penalty is imprisonment, the subsidiary penalty
must also be imprisonment.
If the principal penalty is suspension, the subsidiary penalty
must also be suspension.

IX. The Convict Who Served Subsidiary Penalty May Still Be Required
To Pay The Fine
See Article 39, paragraph 5.

X. No Subsidiary Penalty In The Following Cases:
1. When the penalty imposed is higher than Prision Correcional
2. For failure to pay the reparation of the damage caused,
indemnification and the costs of the proceedings
3. When the penalty imposed is fine and a penalty not to be
executed by confinement in a penal institution which has NO
fixed duration

XI. Subsidiary Imprisonment Under Special Laws
Persons convicted of violation of special laws are liable to
subsidiary imprisonment in case of insolvency in the payment of
indemnity, except where the indemnity consists in unpaid
internal revenue tax.
Act No. 1732 (Rules in case the court shall impose a fine as a
whole or as part of the punishment for any criminal offense
made punishable by any special law.)
o These provisions are applicable to offense made
punishable by acts of the Philippine Legislature.
Rules


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a. When the court merely imposes a fine, the subsidiary


liability shall not exceed 6 months, at the ate of one day
of imprisonment for every P2.50
b. In case both fine and imprisonment are imposed, the
subsidiary liability shall not exceed 1/3 of the term of
the imprisonment, and in no case shall it exceed 1 year.
c. In case the imprisonment is for more than 6 years in
addition to a tine, there shall be no subsidiary
imprisonment.
d. When a fine is imposed for violation of any municipal
ordinance or ordinances of the City of Manila, the rate is
one day for ever P1.00, until the fine is satisfied,
Provided, that the total subsidiary imprisonment does
not exceed 6 months if the penalty imposed is fine
alone; and not more than 1/3 of the principal penalty, if
the it is imposed together with imprisonment.
Since the Tax Code does not provide for the imposition of a
subsidiary penalty in case of insolvency, no subsidiary
imprisonment can be imposed.


XII. Subsidiary Imprisonment, Like Accessory Penalties, Not Essential In
Determining Jurisdiction
What determines jurisdiction of the Court in criminal cases is
the extent of the penalty, which the law imposes for the crime
charged in the information or complaint.
It is settled rule that subsidiary imprisonment, like accessory
penalties, is not essential in the determination of the criminal
jurisdiction of a court.


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