Short answer. Yes, unless the pardon expressly removes it. Article 42 of the Revised Penal Code makes perpetual special disqualification from the right of suffrage an accessory to prision mayor, and the offender continues to suffer it even after being pardoned for the principal penalty unless the pardon specifically remits it.

What the law says

perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon

Revised Penal Code, Article 42 — Accessories Of Prision Mayor. Read the full provision →

Two automatic penalties attached to prision mayor

Article 42 of the Revised Penal Code provides that prision mayor carries two accessory penalties: temporary absolute disqualification and perpetual special disqualification from the right of suffrage. These attach automatically — there is no need for the court to separately impose them in the decision. The right-of-suffrage disqualification is perpetual, meaning it is not co-terminus with the prison sentence. Even after release, the former offender continues to be disqualified from voting unless a pardon expressly removes this accessory.

Why a pardon alone is not enough

The statute is precise: the disqualification survives even after the offender is "pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon." A pardon that addresses only the imprisonment or principal penalty leaves the suffrage disqualification standing. The pardoning authority must affirmatively include the perpetual special disqualification from suffrage in the pardon document for that disqualification to be lifted. If the pardon is silent on accessories, the voter registration restriction remains in effect.

Temporary absolute disqualification — the other accessory

Unlike perpetual special disqualification from suffrage, the temporary absolute disqualification attached to prision mayor operates only for the term of the sentence. This means it ends when the principal penalty is served or the sentence expires. Temporary absolute disqualification bars the offender from holding public office and exercising certain civic rights during that period, but it does not extend beyond it. The two accessories thus operate on different timelines: one ends with the sentence, the other continues for life absent an express pardon.

Checking whether a specific pardon removes the disqualification

If you or someone you know received a pardon and wants to determine whether the right to vote has been restored, the answer depends entirely on the language of the pardon itself. Look for explicit mention of accessory penalties, perpetual special disqualification, or the right of suffrage. A pardon that says only that the principal sentence is remitted is not enough. Because this has significant practical consequences — including whether a person may register as a voter — it is worth having a lawyer review the pardon document carefully.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.