Title
Amendment to R.P.C. Art. 39 on Subsidiary Penalty
Law
Republic Act No. 10159
Decision Date
Apr 10, 2012
Republic Act No. 10159 amends the Revised Penal Code to establish subsidiary personal liability for convicts unable to pay fines, with specific rules regarding imprisonment duration and exceptions, and includes a separability and repealing clause.

Q&A (Republic Act No. 10159)

Republic Act No. 10159 amends Article 39 of Act No. 3815, also known as the Revised Penal Code, which concerns subsidiary penalties related to fines when a convict lacks property to satisfy the fine.

A subsidiary penalty is a personal liability where a convict who has no property to pay the imposed fine shall suffer imprisonment at a rate of one day for each amount equivalent to the highest minimum wage rate prevailing at the time of judgment.

The subsidiary imprisonment shall not exceed one-third of the term of the sentence and in no case shall it 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 imprisonment.

No, the subsidiary personal liability suffered by reason of insolvency shall not relieve the convict from the fine if his financial circumstances improve.

It took effect fifteen (15) days following its publication in the Official Gazette or in two newspapers of general circulation.

All laws, presidential decrees, executive orders, letters of instruction, administrative orders, or rules and regulations inconsistent with this Act are deemed repealed, amended, or modified accordingly.

If any provision or part of the law is held invalid or unconstitutional, the remainder of the law or the unaffected provisions shall remain valid and subsisting.


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