Article 40-44

Question 1

Accessory penalties inherent in the penalty of death, when not executed by reason of commutation or pardon under Art. 40 of the RPC (2)

Answer 1

1. Perpetual absolute disqualification;
2. Civil interdiction for 30 years
   ,unless expressly remitted in the pardon of the principal penalty

Question 2

Accessory penalties inherent in the penalty of Reclusion perpetua and reclusion temporal (2)

Answer 2

1. Civil interdiction for life or during the sentence
2. Perpetual absolute disqualification
   ,unless expressly remitted in the pardon of the principal penalty

Question 3

Accessory penalties inherent in the penalty of Prision mayor (2)

Answer 3

1. Temporary absolute disqualification
2. Perpetual special disqualification from suffrage
   ,unless expressly remitted in the pardon of the principal penalty

Question 4

Accessory penalties inherent in the penalty of Prision correccional (2)

Answer 4

1. Suspension from public offce, profession or calling
2. Perpetual special disqualification from suffrage, if the duragtion of imprisonment exceeds 18 months
   ,unless expressly remitted in the pardon of the principal penalty

Question 5

Accessory penalties inherent in the penalty of arresto (2)

Answer 5

Suspension of:
1. Right to hold office
2. Right of suffrage
both during the term of office

Question 6

Accessory penalties in the in the penalty of destierro

Answer 6

None

Question 7

Is there accessory penalty attached to death penalty?

Answer 7

None. It is only when the death penalty is not executed by reason of commutation or pardon that the accessory penalty provided for in Art. 40 shall be suffered by the convict

Question 8

What do you mean by “unless expressly remitted in the pardon”?

Answer 8

To be relieved of the accessory penalties, the same must be expressly remitted in the pardon

Question 9

Do accessory penalties determine jurisdiction of courts?

Answer 9

No, only the extent of the principal penalty which the law imposes for the crime charged in the information or complaint determines jurisdiction