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Inherent accessory penalties, A40-45 Revised Penal Code

1. Inherent accessory penalties

The following are the provisions on penalties in which other accessory penalties are inherent.

a. Death

Article 40. Death; Its accessory penalties. - …

NB: R.A. 9346 (2006) prohibited the imposition of the death penalty.

b. Reclusion perpetua and reclusion temporal

Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. - The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

(Revised Penal Code)

PenaltyInherent accessory penaltyReclusion perpetua and reclusion temporal(a) civil interdiction for life or during the period of the sentence; (b) perpetual absolute disqualification.If pardoned as to the principal penalty: Accessory penalties remain, unless remitted in pardon

c. Prision mayor

Article 42. Prision mayor; Its accessory penalties. - The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of 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)

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