Title
Miriam Armi Jao Yu vs. People
Case
G.R. No. 134172
Decision Date
Sep 20, 2004
Petitioner convicted of 19 counts under BP 22 contested subsidiary imprisonment for unpaid fines; SC upheld applicability under Revised Penal Code provisions.
subsidiary imprisonment
violation
fines
A

Case Summary (G.R. No. 134172)

Procedural History — Trial and Appeal

Petitioner was arraigned and pleaded not guilty. After trial, the Regional Trial Court found her guilty on the 19 counts and imposed fines, civil indemnities, costs, and ordered subsidiary imprisonment in case of non‑payment of each fine. The Court of Appeals affirmed the trial court’s decision in its entirety. Petitioner’s motion for reconsideration before the Court of Appeals was denied by resolution dated May 29, 1998. Petitioner then filed the instant petition for review on certiorari under Rule 45.

Sentences Imposed by the Trial Court

The trial court’s judgment found petitioner guilty and imposed for each case both a fine and an indemnity to the offended party (Susan Andaya), with subsidiary imprisonment in case of non‑payment. The specific penalties were:

  • Crim. Case No. 19468: fine P200,000; indemnity P300,000.
  • Crim. Case No. 19469: fine P150,000; indemnity P150,000.
  • Crim. Case No. 19470: fine P200,000; indemnity P200,000.
  • Crim. Case No. 19471: fine P200,000; indemnity P385,000.
  • Crim. Case No. 19472: fine P15,000; indemnity P15,000.
  • Crim. Case No. 19473: fine P15,000; indemnity P300,000.
  • Crim. Case No. 19474: fine P200,000; indemnity P350,000.
  • Crim. Case No. 19475: fine P200,000; indemnity P385,000.
  • Crim. Case No. 19476: fine P200,000; indemnity P300,000.
  • Crim. Case No. 19477: fine P200,000; indemnity P300,000.
  • Crim. Case No. 19478: fine P15,000; indemnity P15,000.
  • Crim. Case No. 19479: fine P15,000; indemnity P15,000.
  • Crim. Case No. 19480: fine P200,000; indemnity P450,000.
  • Crim. Case No. 19481: fine P25,000; indemnity P25,000.
  • Crim. Case No. 19482: fine P200,000; indemnity P500,000.
  • Crim. Case No. 19483: fine P17,500; indemnity P17,500.
  • Crim. Case No. 19484: fine P13,475; indemnity P13,475.
  • Crim. Case No. 19485: fine P15,000; indemnity P15,000.
  • Crim. Case No. 19486: fine P15,000; indemnity P15,000.
    The judgment ordered subsidiary imprisonment in case of non‑payment of the fines and directed payment of costs.

Petitioner’s Argument

Petitioner contended that Section 1 of Batas Pambansa Blg. 22 prescribes imprisonment or a fine, or both, as the penalties for the offense, and therefore that statute does not provide for subsidiary imprisonment in case of non‑payment of fines. She argued that, because BP Blg. 22 prescribes the alternative penalties of imprisonment or fine or both, subsidiary imprisonment cannot be imposed as a separate fallback for non‑payment.

Government’s Position

The Solicitor General opposed petitioner’s contention and urged affirmance of the Court of Appeals’ decision, supporting the imposition of subsidiary imprisonment in the event of insolvency to pay fines.

Governing Provisions of the Bouncing Checks Law (B.P. Blg. 22)

Section 1 of B.P. Blg. 22 (as quoted) penalizes the issuance of checks without sufficient funds by imprisonment of not less than thirty days but not more than one year, or by a fine of not less than but not more than double the amount of the check (with maximum P200,000), or both, at the court’s discretion. The provision also extends liability to signatories on behalf of corporate drawers and contains a ninety‑day presentment rule for dishonor based on insufficiency of funds.

Relevant Provisions of the Revised Penal Code — Pecuniary Liabilities and Subsidiary Penalty

Articles 38 and 39 of the Revised Penal Code (RPC) were central to the Court’s reasoning. Article 38 establishes the order for satisfying pecuniary liabilities where the offender’s property is insufficient (rehabilitation of damages, indemnities, then fine, then costs). Article 39 provides for subsidiary personal liability (subsidiary imprisonment) when a convict lacks property to satisfy the fine, prescribing conversion rules (one day for each eight pesos) and limits on subsidiary imprisonment depending on the principal penalty (e.g., up to one‑third of prision correccional term, not more than one year; when only a fine is imposed, subsidiary imprisonment not exceeding six months for grave/less grave felonies, and fifteen days for light felonies; no subsidiary imprisonment if the principal penalty exceeds prision correccional).

Applicability of the RPC to Special Laws — Article 10 of the RPC

The Court applied Article 10 of the RPC, which provides that offenses punishable under special laws are not subject to the RPC except that the RPC shall be supplementary to such special laws unless the special law expressly provides otherwise. Based on Article 10, the Court held that RPC provisions on pecuniary liabilities and subsidiary imprisonment may be applied suppletorily to BP Blg. 22 where the special law is silent on subsidiary imprisonment.

Precedent Supporting Suppletory Application — People v. Cubelo

The Court relied on People v. Cubelo (1959) to reaffirm the principle that Article 10 allows the RPC’s provisions on civil liability and subsidiary penalties to apply to offenses under special laws when those laws do not expressly preclude such application. The Court cited earlier decisions (People v. Moreno; Copiaco v. Luzon Brokerage) holding that Articles 100 (civil liability) and 39 (subsidiary penalty) of the RPC are applicable to special law offenses.

Administrative Circular No. 13‑2001 — Clarification on Imprisonment and Subsidiary Imprisonment

The Court referred to Administrative Circular No. 13‑2001, issued February 14, 2001, which clarified that Administrative Circular No. 12‑2000 did not remove imprisonment as an alternative penalty for BP Blg. 22. The Circular confirmed: (1) judges retain discretion to impose imprisonment where appropriate; (2) Admini

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