Question & AnswerQ&A (Republic Act No. 10159)
Republic Act No. 10159 amends Article 39 of Act No. 3815 (the Revised Penal Code) to revise the rules on subsidiary penalties for convicts who cannot pay fines.
A subsidiary penalty is a personal liability involving imprisonment at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing at the time of conviction, imposed when the convict has no property to pay the imposed fine.
When the convict has no property with which to pay the fine imposed by the court, they are subject to a subsidiary personal liability as prescribed by Article 39.
The convict shall remain confined until the fine is satisfied, but the subsidiary imprisonment shall not exceed one-third of the term of the principal sentence and in no case more than one year.
No, no fraction or part of a day shall be counted against the prisoner.
The subsidiary imprisonment shall not exceed six months.
The subsidiary imprisonment shall not exceed fifteen days.
No, if the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed.
The convict shall continue to suffer the same deprivations as those of which the principal penalty consists for the duration established in the rules governing subsidiary penalties.
No, subsidiary imprisonment due to insolvency does not relieve the convict from paying the fine if their financial circumstances improve.
The separability clause provides that the rest of the law shall remain valid and subsisting even if any provision is held invalid or unconstitutional.
The Act took effect fifteen (15) days following its publication in the Official Gazette or in two newspapers of general circulation.