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.
2.
3.
4.

Parental rights
Guardianship over the ward
Marital authority
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.
2.
3.

If death penalty is commuted to life imprisonment


Reclusion perpetua
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, unless the same shall have been expressly
remitted in the pardon.
It is clear, therefore, and as correctly held by the CA 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.

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