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Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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3.
4.
5.
6.
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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I. Effects Of Pardon By The President
1. A pardon shall not restore the right to hold public office or the
right of suffrage.
2. It shall not exempt the culprit from the payment of the civil
indemnity. The pardon cannot make an exception to this rule.
II. Limitation Upon The Exercise Of The Pardoning Power:
1. That the power can be exercised only after conviction.
o Any application of pardon should not be accepted until
the appeal is withdrawn.
o Agencies and instrumentalities of the govt. must require
proof (e.g. certification of the court regarding
withdrawal of such appeal).
2. That such power does not extend to cases of impeachment
III. Pardon Granted In General Terms Does Not Include Accessory
Penalties
Only the effect of the principal penalty is extinguished.
Exception: Where facts show that the purpose of the Chief
Executive is precisely to restore lost rights.
o When an absolute pardon is granted AFTER the term of
imprisonment has expired it removes all that is left of
the consequences of conviction.
Suppose a pardon is granted after the convict served 30 years of
imprisonment. Does it also pardon the perpetual absolute
disqualification?
o No, because Article 30 is silent about the length and
Article 36 requires that such restoration be EXPRESS.
IV. Pardon Of Chief Executive v. Pardon Of Offended Party
Chief Executive
Offended Party
Extinguishes criminal liability
Doesnt extinguish criminal liability
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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1.
2.
3.
4.
POINTS
I. Order For Pecuniary Liability
1. The reparation of the damage caused
2. Indemnification of the consequential damages
3. Fine (a pecuniary penalty under Article 25)
4. Cost of proceedings
Note: 1 and 2 pertain to the offended party. 3 and 4 pertain to the
government.
A. What If Guilty Of Several Offenses?
Follow the chronological order of the dates of final judgment
rendered against the convict, beginning with the first final
judgment.
II. When Is Article 38 Applicable?
It is applicable in case the property of the offender should not
be sufficient for the payment of all his pecuniary liabilities. The
order of payment is provided in this article, and must be
observed.
There is reparation in the crime of rape when the dress of the
woman was torn. This is distinct from indemnity (U.S. v.
Yambao).
Article 39. Subsidiary penalty.
If the convict has no property with which to meet the fine mentioned
in paragraph 3 of the next 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:
Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)
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II. Judgment of conviction must impose subsidiary imprisonment
That the accused will undergo subsidiary imprisonment in case
of insolvency can only be imposed if specifically imposed in the
judgment of conviction.
Subsidiary imprisonment is not an accessory penalty.
The decision need not state that there should not be any
subsidiary imprisonment when the law forbids it.
III. If Accused Has No Property With Which To Meet The Fine
Article 39 applies only when the accused has no property with
which to meet the fine. If the accused has enough property, he
cannot choose subsidiary imprisonment instead of paying.
IV. The Word Principal Should Be Omitted
Spanish: cuando la pena impuesta when the penalty imposed
Spanish text should be controlling.
V. Rules:
1. Prision Correcional or arresto and fine Subsidiary
imprisonment not to exceed 1/3 of the term of the sentence
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2.
3.
4.
5.
VI. The Penalty Imposed Must Be (1) Prision Correccional, (2) Arresto
Mayor, (3) Arresto Menor, (4) Suspension, (5) Destierro Or (6) Fine
Only
If the penalty imposed by the court is not one of them,
subsidiary penalty cannot be imposed. There is no subsidiary
penalty, if the penalty imposed by the court is prision mayor,
reclusion temporal, or reclusion perpetua.
o If imprisonment is 6 years and 1 day, it is prision mayor,
and therefore no subsidiary imprisonment can be
imposed.
Penalty not to be executed by confinement, but has a fixed
duration (e.g. suspension, destierro) can impose subsidiary.
Penalty not to be executed by confinement, but has no fixed
duration (e.g. public censure) cannot impose subsidiary.
VII. Additional Penalty For Habitual Delinquency Should Be Included In
Determining Whether Or No Subsidiary Penalty Should Be Imposed
Even if the penalty imposed is not higher than prision
correctional, if the accused is a habitual delinquent who
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XII. Subsidiary Imprisonment, Like Accessory Penalties, Not Essential In
Determining Jurisdiction
What determines jurisdiction of the Court in criminal cases is
the extent of the penalty, which the law imposes for the crime
charged in the information or complaint.
It is settled rule that subsidiary imprisonment, like accessory
penalties, is not essential in the determination of the criminal
jurisdiction of a court.
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