Civil Interdiction

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Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Effects: a. Deprivation of the following rights: 1. Parental rights 2. Guardianship over the ward 3. Marital authority 4. Right to manage property and to dispose of the same by acts inter vivos b. Civil Interdiction is an accessory penalty to the following principal penalties 1. If death penalty is commuted to life imprisonment 2. Reclusion perpetua 3. Reclusion temporal He can dispose of such property by will or donation mortis causa Under Article 333 of the same Code, the penalty for adultery is prision correccional in its medium and maximum periods. Article 333 should be read with Article 43 of the same Code. The latter provides: Art. 43. Prision correccional – Its accessory penalties. – The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in this article although pardoned as to the principal penalty,

Transcript of Civil Interdiction

Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.

Effects:

a.Deprivation of the following rights:

1. Parental rights

2. Guardianship over the ward

3. Marital authority

4. Right to manage property and to dispose of the same by acts inter vivos

b. Civil Interdiction is an accessory penalty to the following principal penalties

1. If death penalty is commuted to life imprisonment

2. Reclusion perpetua

3. Reclusion temporal

He can dispose of such property by will or donation mortis causa

Under Article 333 of the same Code, the penalty for adultery isprisioncorreccionalin its medium and maximum periods.Article 333 should be read with Article 43 of the same Code.The latter provides:

Art. 43.Prisioncorreccional Its accessory penalties. The penalty ofprisioncorreccionalshall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months.The offender shall suffer the disqualification provided in this article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

It is clear, therefore, and as correctly held by theCA thatthe crime of adultery does not carry the accessory penalty of civil interdiction which deprives the person of the rights to manage her property and to dispose of such propertyintervivos.