REVISED PENAL CODE ARTICLE 1-43 Flashcards
ARTICLE 43, RPC
ARTICLE 43. Prisión Correccional — Its Accessory Penalties. — The penalty of prisión 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 42, RPC
ARTICLE 42. Prisión Mayor — Its Accessory Penalties. — The penalty of prisión 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 41, RPC
ARTICLE 41. Reclusión Perpetua and Reclusión Temporal — Their accessory penalties. — The penalties of reclusión perpetua and reclusión 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 40, RPC
SECTION THREE
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 39, RPC
ARTICLE 39. Subsidiary Penalty. — If the convict has no property with which to meet the pecuniary liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each 2 pesos and 50 centavos, subject to the following rules:
- If the principal penalty imposed be prisión correccional or arresto and fine, he shall remain under confinement until his fine and pecuniary liabilities referred in the preceding paragraph are 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.
- 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.
- When the principal penalty imposed is higher than prisión correccional no subsidiary imprisonment shall be imposed upon the culprit.
- 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 deprivations as those of which the principal penalty consists.
- The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from reparation of the damaged caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; but he shall be relieved from pecuniary liability as to the fine.
ARTICLE 38, RPC
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:
- The reparation of the damage caused.
- Indemnification of consequential damages.
- The fine.
- The costs of the proceedings.
ARTICLE 37, RPC
ARTICLE 37. Costs — 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.
ARTICLE 36, RPC
ARTICLE 36. Pardon; Its Effects. — 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.
ARTICLE 35, RPC
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.
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 been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.
ARTICLE 34, RPC
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 33, RPC
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 32, RPC
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 31, RPC
ARTICLE 31. Effects 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:
- 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.
ARTICLE 30, RPC
SECTION TWO
Effects of the 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 right to retirement pay or other pension for any office formerly held.
ARTICLE 29, RPC
ARTICLE 29. One-half of the Period of the Preventive Imprisonment Deducted from Term of Imprisonment. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases:
- When they are recidivists, or have been convicted previously twice or more times of any crime;
- When upon being summoned for the execution of their sentence they have failed to surrender voluntarily;
- When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.
ARTICLE 28, RPC
ARTICLE 28. Computation of Penalties. — If the offender shall be in prison the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.
If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.
ARTICLE 27, RPC
Article 27 of the Revised Penal Code, as amended, is hereby amended to read as follows:
“Art. 27. Reclusion perpetua. - The penalty of reclusion perpetua shall be from twenty years and one day to forty years.
Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. - The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, it shall be that of the principal penalty.
Prision correccional, suspension, and destierro. - The duration of the penalties of prision correccional, suspension, and destierro shall be from six months and one day to six years, except when the suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time as the court may determine.”