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CRIMINAL

LAW 1 REVIEWER

SECTION 3 PENALTIES IN WHICH OTHER ACCESSORY


PENALTIES ARE INHERENT

Article 40. Death Its accessory penalties.
The death penalty, when it is not executed by reason of commutation
or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty years
following the date of sentence, unless such accessory penalties have
been expressly remitted in the pardon.

Article 41. Reclusion perpetua and reclusion temporal. Their
accessory penalties.
The penalties of reclusion perpetua and reclusion temporal shall carry
with them that of civil interdiction for life or during the period of the
sentence as the case may be, and that of perpetual absolute
disqualification which the offender shall suffer even though pardoned
as to the principal penalty, unless the same shall have been expressly
remitted in the pardon.

Article 42. Prision mayor. Its accessory penalties.
The penalty of prision mayor shall carry with it that of temporary
absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon.

Article 43. Prision correccional. Its accessory penalties.
The penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession or
calling, and that of perpetual special disqualification from the right of
suffrage, if the duration of said imprisonment shall exceed eighteen
months. The offender shall suffer the disqualification provided in this
article although pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.


Article 44. Arresto. Its accessory penalties.
The penalty of arresto shall carry with it that of suspension of the
right to hold office and the right of suffrage during the term of the
sentence.

POINTS

I. Outline Of Accessory Penalties INHERENT In Principal Penalties:
1. Death, when not executed by reason of commutation or
pardon (a) Perpetual absolute disqualification, (b) Civil
Interdiction for 30 years
2. Reclusion Perpetua and Reclusion Temporal (a) Civil
Interdiction for life or during the sentence, (b) Perpetual
absolute disqualification
3. Prision Mayor (a) Temporary absolute disqualification, (b)
perpetual special disqualification from suffrage
4. Prision Correcional (a) Suspension fro Public office,
profession or calling, (b) perpetual disqualification from
suffrage if the duration of the imprisonment exceeds 18
months
5. Arresto (a) suspension of the right to hold public office and
the right of suffrage during the term of the sentence
6. Destierro has no accessory penalty

When the penalty imposed is reclusion perpetua as a penalty
next higher in degree, the accessory penalty shall be that under
Article 40 but the offender shall not be given the benefit of the
provision of Article 27 until 40 years have elapsed, otherwise,
there could be no difference at all between reclusion perpetua
when imposed as a penalty next higher in degree and when it is
imposed as a penalty fixed by law (People v. Bago).

II. Unless Expressly Remitted In The Pardon


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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CRIMINAL LAW 1 REVIEWER


The accessory penalties in Article 40-43 must be suffered by


the offender, although pardoned as to the principal penalties.
To be relieved of them, it must be EXPRESSLY REMITTED in
pardon.


III. Persons Who Served Out The Penalty May Not Have The Right To
Exercise The Right To Suffrage:
General Rule:
o Absolute pardon for any crime for which one-year
imprisonment or more was meted out restores the
prisoner his political rights.
o Where the penalty is less than one year, the
disqualification does not attach, except when the crime
committed is one against property.
A was prosecuted for physical injuries and
condemned to 10 months imprisonment.
Though not pardoned, he is not disqualified.
B was convicted of theft and served 10 months.
Unless given an absolute pardon, B cant vote.
C was sentenced to 4 years imprisonment for
physical injuries or estafa. Unless pardoned, he
cannot exercise the right to suffrage.
Nature of the crime is immaterial when the penalty imposed is
one-year imprisonment or more.

IV. Accessory Penalties Are Deemed Imposed
Accessory penalties are understood to be ALWAYS imposed
upon the offender by the mere fact that the law fixes a certain
penalty for a given crime (See Article 73).

Article 45. Confiscation and forfeiture of the proceeds or
instruments of the crime.
Every penalty imposed for the commission of a felony shall carry with
it the forfeiture of the proceeds of the crime and the instruments or

tools with which it was committed.



Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be the property of a
third person not liable for the offense, but those articles which are
not subject of lawful commerce shall be destroyed.

POINTS

I. Outline Of The Provision Of This Article
1. Every penalty imposed carries with it the forfeiture of the
proceeds of the crime and the instruments or tools used in the
commission of the crime
2. The proceeds and instruments or tools are confiscated and
forfeited in favor of the government.
3. Property of a third person not liable for the offense is not
subject to confiscation and forfeiture.
4. Property not subject of lawful commerce shall be destroyed.

II. No Forfeiture Where There Is No Criminal Case
Although seizure may be made, the seized items cannot be
disposed or destroyed until after conviction (Philips v.
Municipal Mayor).
o The ruling is based on the phrase every penalty
imposed. A penalty cannot be imposed unless there is
a criminal case filed, tried and the accused convicted.
Forfeiture cannot be ordered if the accused is acquitted,
because no penalty is imposed.
Courts cannot order the confiscation of property belonging to a
third person if the latter is not indicted.
o Instruments of the crime belonging to innocent third
person may be recovered.
Confiscation can be ordered only if the property is submitted in
evidence or placed at the disposal of the court.


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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o

US v. Filart
Facts: The accused planned to sell 450 tickets
for an automobile raffle. The court ordered the
confiscation of the automobile and the money
obtained from selling the tickets. None of these
were in the possession of the parties or the
court that the time the order of confiscation
was made.
Held: The court had not jurisdiction to order
the confiscation of the property not in the
possession of either the court itself or the
parties involved.


III. Articles Which Are Forfeited When The Order Of Forfeiture Is
Already Final, Cannot Be Returned Even In Case Of An Acquittal
Commissioner of Customs v. Encarnacion
o Facts: Article brought by a crew member of PAL were
confiscated by Customs for not having declared it. The
order of forfeiture became final while the crew
member was charged with violation of the RPC. The
crew member was later acquitted, and the court
ordered the return of the articles.
o Held: The court erred in ordering the release of the
articles because such articles already belong to the
government.

IV. Confiscation And Forfeiture Are Additional Penalties
Where the penalty imposed did not include the confiscation of
the dollars involved, the confiscation and forfeiture sought
would be an additional penalty and would amount to an
increase of the penalty already imposed thereby placing the
accused in double jeopardy. Thus, it cannot be allowed (People
v. Alejandro Paet y Velasco).

V. Where The Accused Has Appealed, Confiscation And Forfeiture Not


Ordered By The Trial Court May Be Imposed By The Appellate Court

VI. Summary of Rules:
1. No forfeiture where there is no criminal case.
2. Courts cannot order the confiscation of property belonging to a
third person is the latter is not indicted.
3. Confiscation can be ordered only if the property is submitted in
evidence or placed at the disposal of the court.
4. Articles which are forfeited, when the order of forfeiture is
already final, cannot be returned even in case of an acquittal.
5. Confiscation and forfeiture are additional penalties.
6. Applicable to Special Penal Laws as well.


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