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Legal Principles on Criminal Law and Civil Law: Civil Interdiction

What is civil interdiction? 

Civil interdiction is an accessory penalty imposed when an offender is sentenced to the principal penalties of either death, reclusión temporal, or reclusión perpetua.

The Revised Penal Code provide:

  • ARTICLE 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.
  • ARTICLE 41. Reclusión Perpetua and Reclusión Temporal — Their accessory penalties. — The penalties of reclusión perpetua and reclusión 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.
What are the effects of civil interdiction? 

The offender shall be deprived of the following rights: 
  1. rights of parental authority
  2. rights of guardianship, either as to the person or property of any ward
  3. marital authority
  4. right to manage his property and dispose of the same by any act or any conveyance inter vivos

The RPC provides thus:

    • ARTICLE 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.
    What is the effect of pardon in civil interdiction? 

    Civil interdiction shall remain in effect unless such has been expressly remitted in the pardon. (Art. 40, 41, RPC)

    May the offender dispose of his property by will or donation mortis causa? 

    Yes, as the prohibition to dispose of his property is only through acts or conveyances inter vivos. (Art. 34, RPC)

    What is the effect of civil interdiction in an Agency? 

    When civil interdiction is imposed as an accessory penalty upon an offender, the agency is extinguished, whether the offender is the principal or the agent.

    Article 1919 of the New Civil Code provides: 
    • Agency is extinguished: 
      1. By its revocation; 
      2. By the withdrawal of the agent; 
      3. By the death, civil interdiction, insanity or insolvency of the principal or of the agent; 
      4. By the dissolution of the firm or corporation which entrusted or accepted the agency; 
      5. By the accomplishment of the object or purpose of the agency; 
      6. By the expiration of the period for which the agency was constituted.

     


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