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. (Revised Penal Code)
Art. 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. (Revised Penal Code) Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (Civil Code) |
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What is civil interdiction?
Civil interdiction is one of the restrictions on capacity to act but does not exempt the offender from certain obligations, as when the latter arise from his acts or from property relations. (Art. 34, Civil Code) It is an accessory penalty imposed upon a person sentenced to the principal penalties of reclusion temporal and reclusion perpetua. (Art. 41, RPC) It covers deprivation of the following rights:
1. parental authority
2. guardianship as to the person and property of any ward
3. marital authority
4. right to manage his property
5. right to dispose of such property by any act or any conveyance inter vivos. (Art. 34, RPC)
May a person civilly interdicted appoint an agent to manage his property?
No, for the act of the agent is also the act of the principal. By acting through an agent, the civilly interdicted person is doing indirectly what the law prohibits to be done directly. Moreover, one of the causes for extinction of agency is civil interdiction. (Boado, Notes and Cases on the Revised Penal Code)
Article 1919. 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.
Can the civilly interdicted person prepare a last will and testament?
Yes, for what the law prohibits is the disposition of property by an act inter vivos. Further, the will does not dispose of the property at the time of its making but at the time of his death subject to the legal requirements under the laws on succession and the Rules of Court. (Boado, Notes and Cases on the Revised Penal Code)
Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?
The conviction of adultery does not carry the accessory of civil interdiction. 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:
1. parental authority
2. guardianship as to the person and property of any ward
3. marital authority
4. right to manage his property
5. right to dispose of such property by any act or any conveyance inter vivos. (Art. 34, RPC)
May a person civilly interdicted appoint an agent to manage his property?
No, for the act of the agent is also the act of the principal. By acting through an agent, the civilly interdicted person is doing indirectly what the law prohibits to be done directly. Moreover, one of the causes for extinction of agency is civil interdiction. (Boado, Notes and Cases on the Revised Penal Code)
Article 1919. 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.
Can the civilly interdicted person prepare a last will and testament?
Yes, for what the law prohibits is the disposition of property by an act inter vivos. Further, the will does not dispose of the property at the time of its making but at the time of his death subject to the legal requirements under the laws on succession and the Rules of Court. (Boado, Notes and Cases on the Revised Penal Code)
Does the conviction of adultery carry the accessory of civil interdiction which deprives the person of the rights to manage her property and to dispose of such property inter vivos?
The conviction of adultery does not carry the accessory of civil interdiction. 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, unless the same shall have been expressly remitted in the pardon.It is clear, therefore, that the 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 property inter vivos. (Maquilan vs. Maquilan, G.R. NO. 155409, June 8, 2007)
Can a civilly interdicted person enter into a marriage settlement?
Yes. However, in order for the marriage settlement to be valid, it is indispensable that the guardian appointed by the court shall be made a party to the written marriage settlement. (Art. 79, Family Code)
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