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Criminal Law Book 1 Articles 31 40
Art. 31. Eect of the penalties of perpetual or temporary special disqualification. The penalties of
perpetual or temporal special disqualification for public oce, profession or calling shall produce the
following eects:
1. The deprivation of the oce, employment, profession or calling aected;
2. The disqualification for holding similar oces or employments either perpetually or during the
term of the sentence according to the extent of such disqualification.

Art. 32. Eect of the penalties of perpetual or temporary special disqualification for the exercise of
the right of surage. The perpetual or temporary special disqualification for the exercise of the
right of surage shall deprive the oender 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 oce or to be
elected to such oce. Moreover, the oender shall not be permitted to hold any public oce during
the period of his disqualification.
Temporary disqualification if imposed is an accessory penalty, its duration is that of the principal
penalty
Eects of Perpetual and Temporary Special Disqualification
a. For public oce, profession, or calling
1. Deprivation of the oce, employment, profession or calling aected
2. Disqualification for holding similar oces or employment during the period of disqualification
b. For the exercise of the right of surage
1. Deprivation of the right to vote or to be elected in an oce.
2. Cannot hold any public oce during the period of disqualification.

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Art. 33. Eects of the penalties of suspension from any public oce, profession or calling, or the
right of surage. The suspension from public oce, profession or calling, and the exercise of the
right of surage shall disqualify the oender from holding such oce or exercising such profession
or calling or right of surage during the term of the sentence.
The person suspended from holding public oce shall not hold another having similar functions
during the period of his suspension.
Eects:
a
Disqualification from holding such oce or the exercise of such profession or right of surage during
the term of the sentence.
b

Cannot hold another oce having similar functions during the period of suspension.

Art. 34. Civil interdiction. Civil interdiction shall deprive the oender 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.
Eects:
a. Deprivation of the following rights:
1.
2.
3.
4.

Parental rights
Guardianship over the ward
Martial authority
Right to manage property and to dispose of the same by acts inter vivos

b. Civil Interdiction is an accessory penalty to the following principal penalties

1. If death penalty is commuted to life imprisonment
2. Reclusion perpetua
3. Reclusion temporal
He can dispose of such property by will or donation mortis causa

Art. 35. Eects 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 sucient sureties who shall undertake that such person will
not commit the oense sought to be prevented, and that in case such oense be committed they will
pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the

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oce 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.
Bond to keep the peace is dierent from bail bond which is posted for the provisional release of a
person arrested for or accused of a crime. Bond to keep the peace or for good behavior is imposed
as a penalty in threats.

Art. 36. Pardon; its eect. A pardon shall not work the restoration of the right to hold public oce,
or the right of surage, 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.
Pardon by the President does not restore the right to public oce or surage except when both are
expressly restored in the pardon. Nor does it exempt from civil liability/from payment of civil indemnity.
Limitations to Presidents power to pardon:
a

can be exercised only after final judgment

does not extend to cases of impeachment

does not extinguish civil liability only criminal liability

Pardon granted in general terms does not include accessory penalties.
Exceptions:
Pardon by the oended party does not extinguish criminal liability, may include oended party
waiving civil indemnity and it is done before the institution of the criminal prosecution and extended to
both oenders.
1. if the absolute pardon us granted after the term of imprisonment has expire, it removes all that is left
of the consequences of conviction. However, if the penalty is life imprisonment and after the service of
30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute
perpetual disqualification
2. if the facts and circumstances of the case show that the purpose of the President is to precisely
restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the date
fixed by law for assuming oce to enable him to assume the position in deference to the popular will

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Art. 37. Cost. 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.
Costs include:
Costs (expenses of the litigation) are chargeable to the accused in vase of conviction.
In case of acquittal, the costs are de oficio, each party bearing is own expense
No costs allowed against the Republic of the Philippines until law provides the contrary
1. fees
2. indemnities in the course of judicial proceedings

Art. 38. Pecuniary liabilities. Order of payment. In case the property of the oender should not
be sucient for the payment of all his pecuniary liabilities, the same shall be met in the following
order:
1.

The reparation of the damage caused.

2.

Indemnification of consequential damages.

3.

The fine.

4.

The cost of the proceedings.

Applicable in case property of the oender should not be sucient for the payment of all his
pecuniary liabilities. Hence, if the oender has insucient or no property, there is no use for Art 38.
Order of payment is mandatory
Example: Juan inflicted serious physical injuries against Pedro and took the latters watch and ring.
He incurred 500 worth of hospital bills and failed to earn 300 worth of salary. Given that Juan only has
1000 pesos worth of property not exempt from execution, it shall be first applied to the payment of
the watch and ring which cannot be returned as such is covered by reparation of the damage
caused thus, no. 1 in the order of payment. The 500 and 300 are covered by indemnification of the
consequential damage thus, no. 2 in the order of payment.

Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in
the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at
the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue

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for more than one year, and no fraction or part of a day shall be counted against the prisoner.
2. 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.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.
4. 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 suer the same deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suered by reason of his insolvency
shall not relieve him, from the fine in case his financial circumstances should improve. (As amended
by RA 5465, April 21, 1969.)
There is no subsidiary penalty for non-payment of reparation, indemnification and costs in par 1, 2
and 4 of Art 38. It is only for fines.
Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art 38.
Thus, a convict who has property enough to meet the fine and not exempted from execution cannot
choose to serve the subsidiary penalty instead of the payment of the fine.
Subsidiary imprisonment is not an accessory penalty. It is covered by Art 40-45 of this Code.
Accessory penalties are deemed imposed even when not mentioned while subsidiary imprisonment
must be expressly imposed.
Rules:

PENALTY IMPOSED

LENGTH OF SUBSIDIARY PENALTY

Prision correccional or arresto and fine

Not exceed 1/3 of term of sentence, in no case more

than 1 year fraction or part of a day not counted.

Fine only

Not to exceed 6 months if prosecuted for grave or less

grave felony, not to exceed 15 days if prosecuted for
light felony

Higher than prision correccional

No subsidiary imprisonment

Not to be executed by confinement but of fixed

duration

Same deprivations as those of the principal penalty

under rules 1, 2 and 3 above

If financial circumstances improve, convict still to pay the fine even if he has suered subsidiary

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personal liability.
the penalty imposed must be PC, AM, Am, suspension, destierro and fine only. other than these
(PM, RT, RP) court cannot impose subsidiary penalty.
Even if the penalty imposed is not higher than PC, if the accused is a habitual delinquent who
deserves an additional penalty of 12 yrs and 1 day of RT, there is no subsidiary imprisonment.

Art. 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 sentence, unless such accessory penalties have
been expressly remitted in the pardon.

Reference:
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001
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January 24, 2012

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