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Questions and Answers
Under Art. 29 of the Revised Penal Code, offenders undergoing preventive imprisonment are credited with the full time spent if they agree to follow prison ______.
rules
The prisoner agrees to follow prison rules but is unwilling to sign, they are credited with ______ of the time.
4/5
The computation of preventive imprisonment includes good conduct time allowance but excludes ______ and those charged with heinous crimes.
recidivists
The penalties outlined in Art. 31-35 of the Revised Penal Code have distinct effects based on their ______.
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Perpetual absolute disqualification results in the loss of ______ office.
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Perpetual absolute disqualification also entails the forfeiture of ______ benefits.
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An official convicted of perpetual absolute disqualification will lose their ______ rights.
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One who is sentenced to destierro will be released after ______ days.
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Immediate release occurs when preventive imprisonment equals the maximum possible ______.
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Preventive imprisonment is deducted from the ______, including reclusion perpetua, capped at 30 years.
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Study Notes
Disqualification and Voting Rights
- Temporary absolute disqualification lasts during sentencing, impacting office holding and pension benefits.
- Participation in plebiscites is not addressed for offenders, meaning they can vote if compliant with election laws.
- Perpetual or temporary special disqualification leads to loss of positions and bars offenders from similar roles permanently or for the duration of the sentence.
- Special disqualification for suffrage means loss of voting rights and prohibition from holding public office during the disqualification period.
Suspension and Disqualification
- Suspension from public office or profession results in disqualification from responsibilities and rights for the duration of the sentence.
- Disqualification is a withholding of privileges rather than outright denial, aimed at protection; individuals convicted of moral turpitude are considered unfit for office or suffrage.
Pardon and Its Effects
- A presidential pardon under Article 36 of the Revised Penal Code does not automatically restore rights to public office or suffrage unless explicitly stated or if it is an absolute pardon.
- Civil liability remains intact after a pardon.
- The pardoning power applies only to cases after final judgment and excludes cases of impeachment.
- No pardon is granted for election law violations unless recommended by COMELEC.
- Remission of the main penalty through a pardon does not negate accessory penalties, unless granted after the end of imprisonment, which is termed an absolute pardon.
Confiscation of Crime Proceeds
- Article 45 of the Revised Penal Code mandates confiscation of proceeds and tools related to crimes.
- Confiscated items belong to the government unless owned by an innocent third party.
- Items not legally commerceable must be destroyed.
- Confiscated properties that are not presented in court or identified in judgments are not forfeited.
- In drug trafficking cases, law enforcement may seize cash and instruments used in illegal activities.
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Description
Learn about the effects of temporary absolute disqualification on a person's benefits, including office deprivation and loss of retirement benefits. Understand the implications on voting rights in plebiscites.
