A criminal penalty is not only the main (principal) penalty such as imprisonment; the law attaches accessory penalties that follow the principal penalty by operation of law, even if not expressly stated in the judgment. These include perpetual or temporary absolute disqualification (from holding public office, exercising the right of suffrage, and holding a profession or calling), perpetual or temporary special disqualification, suspension from public office or a profession, civil interdiction (which deprives the offender during the sentence of parental authority, guardianship, marital authority, and the right to manage property and dispose of it by act inter vivos), and forfeiture or confiscation of the proceeds and instruments of the crime. The specific accessory penalties depend on the principal penalty imposed. A conviction also generally results in civil liability to the offended party. These accessory consequences mean that a conviction reaches beyond time in prison and can affect a person's political rights, profession, and civil capacity, which is why the full effect of a conviction should be understood.
Penalties Come in Layers
A conviction carries not only the principal penalty (like imprisonment) but accessory penalties that follow by operation of law, even if not stated in the judgment.
Common Accessory Penalties
- Perpetual or temporary absolute disqualification (public office, suffrage, profession);
- Special disqualification and suspension;
- Civil interdiction (loss, during the sentence, of parental authority, guardianship, and the right to manage or dispose of property inter vivos); and
- Forfeiture of the proceeds and instruments of the crime.
Also Civil Liability
A conviction also generally results in civil liability to the offended party. The specific accessory penalties depend on the principal penalty imposed.
Practical Takeaways
- A conviction brings accessory penalties automatically, beyond prison time;
- These can strip political rights, a profession, and civil capacity (civil interdiction);
- Understand the full effect of a conviction, including civil liability.
Frequently Asked Questions
What are accessory penalties? Additional consequences that follow the principal penalty by operation of law, even if not stated in the judgment, such as disqualification, civil interdiction, suspension, and forfeiture of the proceeds and instruments of the crime.
What is civil interdiction? An accessory penalty that deprives the offender, during the sentence, of parental authority, guardianship, marital authority, and the right to manage property and dispose of it by act inter vivos.
Do accessory penalties apply automatically? Yes. They follow the principal penalty by operation of law, even if the judgment does not expressly mention them. The specific ones depend on the principal penalty imposed.
Does a conviction affect political rights? Yes. Accessory penalties like perpetual or temporary absolute disqualification can strip the right to hold public office and the right of suffrage, among others.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.