Article 30-35 Flashcards
What is Article 30 of the RPC?
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:
- The deprivation of the public offices and employments which the offender >may have held even if conferred by popular election.
- The deprivation of the right to vote in any election for any popular office or to be elected to such office.
- 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.
- The loss of all rights to retirement pay or other pension for any office formerly held.
What is Article 31 of the RPC?
Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects:
- The deprivation of the office, employment, profession or calling affected;
- The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification.
What is Article 32 of the RPC?
Effect 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.
What is Article 33 of the RPC?
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.
What is Article 34 of the RPC?
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.
What is Article 35 of the RPC?
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 the 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.
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, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.
Outline the effects of penalties under Article 30-35 for:
1. The penalties of perpetual or temporary absolute disqualification for public office produce the following effects:
a. Deprivation of public offices and employment, 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 (Art. 30)
Outline the effects of penalties under Article 30-35 for:
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
b. Disqualification for holding similar offices or employments perpetually or during the term of the sentence (Art. 31)
Outline the effects of penalties under Article 30-35 for:
3. 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 (Art. 32)
Outline the effects of penalties under Article 30-35 for:
4. The penalties of suspension from public office, profession or calling or the right of 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 (Art. 33)
Outline the effects of penalties under Article 30-35 for:
5. 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: but he cannot dispose of such property by will or donation mortis causa.
Outline the effects of penalties under Article 30-35 for:
6. Bond to keep the peace.
a. The offender must present two sufficient sureties who shall undertake that the offender 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; or
b. The offender must deposit such amount with the clerk of court to guarantee said undertaking; or
c. The offender may be detained, if he cannot give the bond, for a period not to exceed six months if prosecuted for grave or less grave felony, or for a period not to exceed 30 days, if for light felony (Art. 35)
Is disqualification a withholding of privilege or right?
It is a withholding or privilege.
The purpose is to preserve the purity of elections
How does “perpetually” and “during the term of the sentence” be applied?
The word “perpetually” and the phrase “during the term of the sentence” should be applied distributively to their respective antecedents; thus the word “perpetually” refers to the perpetual kind of special disqualification, while the phrase “during the term of the sentence” refers to the temporary special disqualification.
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.
