Text of the provision
Art. 40. Death-Its accessory penalties. -The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been expressly remitted in the pardon.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
Every principal penalty in the Code drags accessory penalties along with it automatically, whether or not the judgment spells them out. This article states the accessories where the penalty is death and it is not executed by reason of commutation or pardon: perpetual absolute disqualification, and civil interdiction for thirty years from the date of sentence, unless the pardon expressly remits them.
Related provisions
- Article 34 — Civil Interdiction Explained.
- Article 41 — Accessory Penalties Of Reclusion.
On this text. This article is reproduced as the Revised Penal Code enacted it, verified word-for-word against two independent sources. Republic Act No. 10951 (2017) revised the penalty amounts in many other articles of this Code; where an amount appears below it is the figure this article itself carries.
The death penalty. This article still refers to the penalty of death. Republic Act No. 9346 (2006) prohibits the imposition of the death penalty in the Philippines. In its place the law imposes reclusión perpetua where the Revised Penal Code’s nomenclature is used, or life imprisonment where it is not. Read this article subject to that prohibition.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.