Question & AnswerQ&A (Republic Act No. 5465)
Republic Act No. 5465 increased the rate per day of the subsidiary penalty from two pesos and fifty centavos to eight pesos.
The subsidiary penalty applies if the convict has no property with which to meet the fine imposed as a principal penalty.
The subsidiary penalty is at the rate of one day of imprisonment for each eight pesos of the fine.
The subsidiary imprisonment shall not exceed one-third of the term of the sentence and in no case shall continue for 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 during the period established for subsidiary penalty.
No, the subsidiary personal liability suffered due to insolvency does not relieve the convict from paying the fine if his financial circumstances improve.