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LAW 1 REVIEWER
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
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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
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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).
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