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y Perpetual absolute or special disqualificationy Public
censure
- Accessory penaltieso Deemed included in the imposition of the
principal penalties
Classification of penalties (subject-matter)
- Corporal (death)- Deprivation of freedom
o Reclusion, prision, arresto- Restriction of freedom
o Distierro- D
eprivation of rightso Disqualification & suspension
- Pecuniary (fine)Classification of penalties (gravity)
- Capital- Afflictive-
Correctional- Light
* Classification of felonies in Art. 9 (grave, less grave,
light)
Public censure
- A penalty- People vs. Abellera =Not proper in acquittal-
Whether the accused is guilty or not
o Guilty = court acquires jurisdiction to impose penaltyo Not
guilty = court has no jurisdiction
* guilt must precede punishment (Gomez vs. Concepcion)
Court acquitting the accused may criticize his acts or
conduct
- Competent court (in acquittal of accused)o Permit
criticization or reprehension of acts & conduct
o Avoid the impression of approval or admiration of
sucacquittal
- People vs. Abellerao Reprimanded by courto Charge was
infidelity in the custody of public docume
free meals & transportation from litigants
o AcquittedPenalties (principal or accessory)
- Principal or accessory (formed in 2 general classes)o
Perpetual or temporary absolute disqualificationo Perpetual or
temporary special disqualificationo Suspension
- Art. 236o Punishing crime of anticipation of duties of a
public ofo Suspension for principal penalty
- Art. 226, 227 & 228o Punishing infidelity of public
officers in the custody oo Temporary special disqualification for
principal penalt
Art. 26 Fine When afflictive, correctional, or light penalty A
fi
as a single or as an alternative penalty, shall be considered an
affli
exceeds 6,000 pesos; a correctional penalty, if it does not
exceed 6,
less than 200 pesos; and a light penalty, if it be less than 200
pesos.
When imposed as a single or as an alternative penalty
- Alternative penaltyo Art. 144 = punishing disturbance of
proceeding
Arresto mayor Fine (P200 to P1,000)
- Single penaltyo Fine of P200 to P6,000
Penalties cannot be imposed in the alternative
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Pardon = granted in general terms, accessory penalty not
included
- Principal penalty = remitted by pardono Does not extinguish
accessory penalty
- Exampleo Accused = sentenced to prision mayoro Accessory
penalty = perpetual special disqualification (right of suffrage)o
Pardoned by Presidento Right to vote not restored unless expressed
by terms of pardon
- Exceptiono Absolute pardon, granted after expiration of term
of imprisonment
Removes consequences of convictiono Pelobello vs. Palatino,
Cristobal vs. Labrador
Facts & circumstances show that the intent is to restore
rights
Mayor-elect = committed offense 25 yrs. Ago Granted conditional
pardon in 1915 Exercised right of suffrage & elected as
councilor Elected municipal president 3 times Elected mayor Purpose
evident in granting absolute pardon
y Enable him to assume position in deference to popular
willPardon after 30 yrs. Of sentence
- Does not remove perpetual absolute disqualification- Art. 30 =
silent as to maximum duration of perpetual disqualification - Art.
36 = no restoration of right to hold public office or of suffrage
unless expressly
provided by terms of pardon
Pardon by ChiefE
xecutive vs. pardon by offended party
- ChiefExecutiveo Extinguishes criminal liabilityo Does not
include civil liabilityo Granted only after convictiono May be
extended to any of the offenders
- Offended partyo No extinguishment of criminal liability
o Can waive civil liabilityo Should be given before institution
of criminal prosecuo Must be extended to both offenders
