Podcast
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 ______.
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.
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.
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 ______.
The penalties outlined in Art. 31-35 of the Revised Penal Code have distinct effects based on their ______.
Signup and view all the answers
Perpetual absolute disqualification results in the loss of ______ office.
Perpetual absolute disqualification results in the loss of ______ office.
Signup and view all the answers
Perpetual absolute disqualification also entails the forfeiture of ______ benefits.
Perpetual absolute disqualification also entails the forfeiture of ______ benefits.
Signup and view all the answers
An official convicted of perpetual absolute disqualification will lose their ______ rights.
An official convicted of perpetual absolute disqualification will lose their ______ rights.
Signup and view all the answers
One who is sentenced to destierro will be released after ______ days.
One who is sentenced to destierro will be released after ______ days.
Signup and view all the answers
Immediate release occurs when preventive imprisonment equals the maximum possible ______.
Immediate release occurs when preventive imprisonment equals the maximum possible ______.
Signup and view all the answers
Preventive imprisonment is deducted from the ______, including reclusion perpetua, capped at 30 years.
Preventive imprisonment is deducted from the ______, including reclusion perpetua, capped at 30 years.
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.
