7/26/2019 art 29 -57

1/5

ARTICLE 29. One-half of the Period of the Preventive Imprisonment Deducted fromTerm of Imprisonment. Oenders who have undergone preventive imprisonmentshall be credited in the service of their sentence consisting of deprivation of libertywith one-half of the time during which they have undergone preventiveimprisonment e!cept in the following cases"

#. $hen they are recidivists or have been convicted previously twice or more timesof any crime%&. $hen upon being summoned for the e!ecution of their sentence they have failedto surrender voluntarily%'. $hen they have been convicted of robbery theft estafa malversation of publicfunds falsi(cation vagrancy or prostitution.

Section Two. Efects o the penalties according to their respective

natre

ARTICLE !". )ects of the Penalties of Perpetual or Temporary *bsoluteDis+uali(cation. The penalties of perpetual or temporary absolute dis+uali(cation

for public o,ce shall produce the following eects"#. The deprivation of the public o,ces and employments which the oender mayhave held even if conferred by popular election.&. The deprivation of the right to vote in any election for any popular elective o,ceor to be elected to such o,ce.'. The dis+uali(cation for the o,ces or public employments and for the e!ercise ofany of the rights mentioned.

In case of temporary dis+uali(cation such dis+uali(cation as is comprised inparagraphs & and ' of this article shall last during the term of the sentence.. The loss of all right to retirement pay or other pension for any o,ce formerlyheld.

ARTICLE !#. )ects of the Penalties of Perpetual or Temporary pecialDis+uali(cation. The penalties of perpetual or temporary special dis+uali(cationfor public o,ce profession or calling shall produce the following eects"#. The deprivation of the o,ce employment profession or calling aected%&. The dis+uali(cation for holding similar o,ces or employments either perpetuallyor during the term of the sentence according to the e!tent of such dis+uali(cation.ARTICLE !2. )ects of the Penalties of Perpetual or Temporary pecialDis+uali(cation for the )!ercise of the /ight of urage. The perpetual ortemporary special dis+uali(cation for the e!ercise of the right of surage shalldeprive the oender perpetually or during the term of the sentence according tothe nature of said penalty of the right to vote in any popular election for any public

o,ce or to be elected to such o,ce. 0oreover the oender shall not be permittedto hold any public o,ce during the period of his dis+uali(cation.ARTICLE !!. )ects of the Penalties of uspension from *ny Public O,ceProfession or 1alling or the /ight of urage. The suspension from public o,ceprofession or calling and the e!ercise of the right of surage shall dis+ualify theoender from holding such o,ce or e!ercising such profession or calling or right ofsurage during the term of the sentence.

The person suspended from holding public o,ce shall not hold another having

7/26/2019 art 29 -57

2/5

similar functions during the period of his suspension.ARTICLE !$. 1ivil Interdiction. 1ivil interdiction shall deprive the oender duringthe time of his sentence of the rights of parental authority or guardianship eitheras to the person or property of any ward of marital authority of the right tomanage his property and of the right to dispose of such property by any act or any

conveyance inter vivos.ARTICLE !%. )ects of 2ond to 3eep the Peace. It shall be the duty of anyperson sentenced to give bond to 4eep the peace to present two su,cient suretieswho shall underta4e that such person will not commit the oense sought to beprevented and that in case such oense be committed they will pay the amountdetermined by the court in its 5udgment or otherwise to deposit such amount in theo,ce of the cler4 of the court to guarantee said underta4ing.

The court shall determine according to its discretion the period of duration of thebond.hould the person sentenced fail to give the bond as re+uired he shall be detainedfor a period which shall in no case e!ceed si! months if he shall have beenprosecuted for a grave or less grave felony and shall not e!ceed thirty days if for alight felony.ARTICLE !&. Pardon% Its )ects. * pardon shall not wor4 the restoration of theright to hold public o,ce or the right of surage unless such rights be e!presslyrestored by the terms of the pardon.* pardon shall in no case e!empt the culprit from the payment of the civil indemnityimposed upon him by the sentence.ARTICLE !'. 1osts $hat are Included. 1osts shall include fees andindemnities in the course of the 5udicial proceedings whether they be (!ed orunalterable amounts previously determined by law or regulations in force oramounts not sub5ect to schedule.ARTICLE !(. Pecuniary 6iabilities Order of Payment. In case the property ofthe oender should not be su,cient for the payment of all his pecuniary liabilitiesthe same shall be met in the following order"#. The reparation of the damage caused.&. Indemni(cation of conse+uential damages.'. The (ne.. The costs of the proceedings.ARTICLE !9. ubsidiary Penalty. If the convict has no property with which tomeet the pecuniary liabilities mentioned in paragraphs #st &nd and 'rd of the ne!tpreceding article he shall be sub5ect to a subsidiary personal liability at the rate ofone day for each & pesos and 78 centavos sub5ect to the following rules"#. If the principal penalty imposed be prisi9n correccional or arresto and (ne heshall remain under con(nement until his (ne and pecuniary liabilities referred in thepreceding paragraph are satis(ed but his subsidiary imprisonment shall not e!ceedone-third of the term of the sentence and in no case shall it continue for more thanone year and no fraction or part of a day shall be counted against the prisoner.&. $hen the principal penalty imposed be only a (ne the subsidiary imprisonmentshall not e!ceed si! months if the culprit shall have been prosecuted for a grave orless grave felony and shall not e!ceed (fteen days if for a light felony.'. $hen the principal penalty imposed is higher than prisi9n correccional no

7/26/2019 art 29 -57

3/5

subsidiary imprisonment shall be imposed upon the culprit.. If the principal penalty imposed is not to be e!ecuted by con(nement in a penalinstitution but such penalty is of (!ed duration the convict during the period oftime established in the preceding rules shall continue to suer the samedeprivations as those of which the principal penalty consists.

7. The subsidiary personal liability which the convict may have suered by reason ofhis insolvency shall not relieve him from reparation of the damaged caused norfrom indemni(cation for the conse+uential damages in case his (nancialcircumstances should improve% but he shall be relieved from pecuniary liability as tothe (ne.

Section Three. )enalties in which other accessor* penalties are inherent

ARTICLE $". Death Its *ccessory Penalties. The death penalty when it is note!ecuted by reason of commutation or pardon shall carry with it that of perpetualabsolute dis+uali(cation and that of civil interdiction during thirty years followingthe date of sentence unless such accessory penalties have been e!pressly remitted

in the pardon.ARTICLE $#. /eclusi9n Perpetua and /eclusi9n Temporal Their accessorypenalties. The penalties of reclusi9n perpetua and reclusi9n temporal shall carrywith them that of civil interdiction for life or during the period of the sentence as thecase may be and that of perpetual absolute dis+uali(cation which the oendershall suer even though pardoned as to the principal penalty unless the same shallhave been e!pressly remitted in the pardon.ARTICLE $2.Prisi9n 0ayor Its *ccessory Penalties. The penalty of prisi9nmayor shall carry with it that of temporary absolute dis+uali(cation and that ofperpetual special dis+uali(cation from the right of surage which the oender shallsuer although pardoned as to the principal penalty unless the same shall have

been e!pressly remitted in the pardon.ARTICLE $!. Prisi9n 1orreccional Its *ccessory Penalties. The penalty ofprisi9n correccional shall carry with it that of suspension from public o,ce from theright to follow a profession or calling and that of perpetual special dis+uali(cationfrom the right of surage if the duration of said imprisonment shall e!ceedeighteen months. The oender shall suer the dis+uali(cation provided in thisarticle although pardoned as to the principal penalty unless the same shall havebeen e!pressly remitted in the pardon.ARTICLE $$. *rresto Its *ccessory Penalties. The penalty of arresto shall carrywith it that of suspension of the right to hold o,ce and the right of surage duringthe term of the sentence.ARTICLE $%. 1on(scation and :orfeiture of the Proceeds or Instruments of the1rime. )very penalty imposed for the commission of a felony shall carry with itthe forfeiture of the proceeds of the crime and the instruments or tools with which itwas committed.

uch proceeds and instruments or tools shall be con(scated and forfeited in favor ofthe ;overnment unless they be the property of a third person not liable for theoense but those articles which are not sub5ect of lawful commerce shall bedestroyed.

7/26/2019 art 29 -57

4/5

Chapter +or A))LICATI,- ,+ )E-ALTIES

Section ,ne. Rles or the application o penalties to the persons

criinall* lia/le and or the gradation o the sae.

ARTICLE $&. Penalty to be Imposed

7/26/2019 art 29 -57

5/5

ARTICLE %2. Penalty to 2e Imposed