Criminal Law 1

SUPPLEMENTAL READING MATERIAL 8

Effects of Perpetual or Temporary Absolute Disqualification (Art. 30)

1. Deprivation of any public office or employment of offender.

2. Deprivation of the right to vote in any election or to be voted upon.

3. Disqualification for any public office and for the exercise of any right mentioned.

4. Loss of rights to retirement pay or pension.

All these effects last during the lifetime of the convict and even after the service of the sentence except as regards pars. (2) and
(3) of the above in connection with temporary absolute disqualification.

Effects of perpetual or Temporary Special Disqualification for Public Office, Profession or Calling (Art. 31)

1. Deprivation of the office, employment, profession or calling affected.

2. Disqualification for holding similar offices or employments during the period of disqualification.

Effects of Perpetual or Temporary Special Disqualification for the Exercise of Right of Suffrage (Art. 32)

1. Deprivation of the right to vote or be elected to an office.

2. Cannot hold any public office during the period of disqualification.

The penalty for disqualification is imposed for protection and not for the withholding of a privilege.

Effects of Suspension from Public Office, Profession or Right of Suffrage (Art. 33)
1. Disqualification from holding such office or the exercise of such profession or fight of suffrage during the term of the
sentence.

2. Cannot hold another office having similar functions during the period of suspension.

Effects of Civil Interdiction (Art. 34)

1. Deprivation of the following rights: (a) parental authority; (b) guardianship over the ward; (c) marital authority; (d) right to
manage his property and to dispose of the same by act inter vivos.

2. Civil interdiction is an accessory penalty to the following principal penalties: (a) death if commuted by pardon to life
imprisonment (Art. 40); (b) reclusion perpetua; and (c) reclusion temporal (Art. 41).

Bond to Keep the Peace (Art. 35)

1. Offender presents two sufficient sureties who shall undertake that he will not commit the offense sought to be prevented and
in case such offense is committed, they shall pay the amount determined by the court, or a deposit may be made by the offender
to guarantee such undertaking.

2. If the offender cannot give the bond he may be detained for a period not to exceed six months if prosecuted for grave or less
grave felony or for a period not to exceed thirty, for a light felony.

3. Bond to keep the peace is a penalty common to principal, correctional or light penalties (Art. 25).

4. Under Art. 284, in addition to the penalty for grave threats (Art. 282) or light threats (Art. 283), the offender may be required
to give a “bond for good behaviour” and if he fails to do so, he shall be sentenced to destierro. Since Art. 284 is a specific article
applying to grave or light threats only, such will govern in case the bond is not given by the offender and not Art. 35 for the latter
is an article of general application.

Effects of Pardon by the Chief Executive (Art. 36)

1. An absolute pardon extinguishes the criminal liability of the offender (Art. 89, par. 3).

2. It does not exempt the offender from the payment of the civil indemnity imposed in the sentence (Art. 36).

3. It does not restore the right to hold public office or the right of suffrage unless such rights are expressly restored by the terms
of the pardon (Art. 36).

What are Included in Costs (Art. 37)

1. (a) Fees; and (b) indemnities in the course of judicial proceedings.

2. Such may be fixed amounts already determined by law or regulations or amounts subject to schedule.

If the accused is convicted, costs may be charged against him. Payment of costs rests upon the discretion of the court. The
government may ask the court to assess the costs against the offender but not as a right. If the accused is acquitted, the costs
are de oficio, which means, each party bears his own expenses. There is no subsidiary imprisonment for non-payment of costs.

Pecuniary Liabilities of the Offender (Art. 38)

1. Reparation of the damage caused;

2. Indemnification of consequential damages;

3. Fine; and

4. Costs of the proceedings.

These pecuniary liabilities must be satisfied in the order mentioned. Art. 38 is applied only if the property of the offender is not
sufficient to pay his pecuniary liabilities. If the offender does not have any property, he is subject to undergo subsidiary
imprisonment at the rate of P8.00 per day as provided in Art. 39, for his failure to meet the pecuniary liability of fine.