31/07/2019
Act No. 3815
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 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 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 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 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.
Article 36. Pardon; its effect. 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 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.
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:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Article 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 onethird 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.
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
suffer the same deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered 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).
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 sentence, unless such accessory penalties have been expressly remitted in the pardon.
Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion
perpetua and reclusion 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 42. Prision mayor; Its accessory penalties. The penalty of prision 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 43. Prision correccional; Its accessory penalties. The penalty of prision 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 the article although pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the pardon.
Article 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right
too hold office and the right of suffrage during the term of the sentence.
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 tools with
which it was committed.
https://lawphil.net/statutes/acts/act_3815_1930.html
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