Studied by 0 people
What are the effects of perpetual or temporary absolute disqualification for public office?
Deprivation of public offices and employments. 2. Deprivation of the right to vote. 3. Disqualification for offices and public employments. 4. Loss of rights to retirement pay or pension.
What happens during temporary disqualification according to Article 30?
It lasts during the term of the sentence.
What is the difference between permanent and temporary absolute disqualification?
Permanent lasts a lifetime, while temporary lasts only during the sentence term.
What is the effect of perpetual special disqualification for suffrage as per Article 32?
The offender loses the right to vote or run for office, either perpetually or for the duration of disqualification.
What is the consequence of suspension from public office according to Article 33?
Disqualification from holding such office and cannot hold another similar position during suspension.
What are the effects of civil interdiction as stated in Article 34?
Deprivation of parental authority, guardianship, martial authority, and managing or disposing of property.
What shall happen if a person fails to give the bond to keep the peace as per Article 35?
They shall be detained for a period not exceeding six months for grave or less grave felonies.
What is a key limitation to the President’s power to grant pardons according to Article 36?
Pardons cannot restore the right to hold public office or the right of suffrage unless expressly stated.
What is included in the costs during judicial proceedings as mentioned in Article 37?
Costs include fees and indemnities, chargeable to the accused if convicted.
What is the order of pecuniary liabilities under Article 38?
Reparation of damage. 2. Indemnification of consequential damages. 3. The fine. 4. Costs of proceedings.
What is the rule regarding subsidiary penalty for non-payment of fines according to Article 39?
Subsidiary personal liability only applies to non-payment of fines, not for reparation or costs.
What accessory penalties come with death or life imprisonment?
Death penalty includes perpetual absolute disqualification; life imprisonment includes civil interdiction.
What happens if a convict has insufficient property to pay their fines, as stated in Article 39?
They will serve a subsidiary personal liability at the rate of one day for every eight pesos.
What is a key condition for imposed penalties according to Article 49?
The penalty for the felony committed may differ from that intended by the offender.
What is the prescriptive period for crimes punishable by reclusion perpetua?
20 years.
What are the general rules of prescription of penalties under Article 92?
Prescriptive periods vary by type of crime: 20 years for death/reclusion perpetua, 15 years for afflictive penalties, 10 years for correctional penalties, 5 years for arresto mayor, etc.
How does Article 101 dictate civil liability regarding those exempt from criminal liability?
Exemption from criminal liability does not include exemption from civil liability.
What is the primary obligation of a person granted conditional pardon according to Article 95?
To comply strictly with the conditions imposed in while the pardon remains in effect.
What shall be included in the civil liabilities of a person found guilty of felony?
Restitution, reparation for damages, and indemnification for consequential damages.
What occurs when the death of the offender happens before the final judgment as per Article 89?
Criminal liability is extinguished only for pecuniary penalties if death occurs before the final judgment.
What is the effect of a person's insolvency in relation to civil liability according to Article 100?
In cases of insolvency, the principal shall be subsidiarily liable for the shares of accomplices.
What defines ‘subsidiary liability’ in relation to criminal acts?
It refers to the responsibility that certain parties (like employers or innkeepers) have for the actions of their employees or guests.
What is the relationship between criminal acts and civil liability as outlined in Articles 100 and 101?
Anyone criminally liable for a felony is also civilly liable, meaning they must make restitution for any errors.
How are damages calculated in a civil liability case according to Article 107?
Indemnification includes not only damages caused to the injured party but also damages suffered by their family or third parties.
What happens to civil liability in cases where the offender dies before final judgment?
If the offender dies before final judgment, the action for restitution must be dismissed.
