QuestionsQuestions (Republic Act No. 10159)
RA 10159 amends Article 39 of Act No. 3815 (the Revised Penal Code) on subsidiary penalty (subsidiary personal liability for insolvent convicts).
When the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article.
It is at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of rendition of judgment of conviction by the trial court.
The convict remains under confinement until the fine is satisfied, but the subsidiary imprisonment shall not exceed one-third of the term of the sentence, cannot exceed one year, and no fraction or part of a day is counted.
The convict remains under confinement until the fine is satisfied; however, the subsidiary imprisonment is limited by the ceilings provided (not more than one-third of the sentence, and in no case more than one year).
Subsidiary imprisonment shall not exceed six months if prosecuted for a grave or less grave felony, and not exceed fifteen days if prosecuted for a light felony.
No. When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.
If the principal penalty is not executed by confinement but is of fixed duration, the convict continues to suffer the same deprivations as those of the principal penalty during the period established in the preceding rules for subsidiary liability.
No. Article 39 provides that subsidiary personal liability due to insolvency does not relieve the convict from the fine if financial circumstances should improve.
No. The amended Article 39 states that no fraction or part of a day shall be counted against the prisoner.
The relevant minimum wage rate is the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court.
If any provision or part of the act is held invalid or unconstitutional, the remainder remains valid and subsisting.
It deems laws, presidential decrees, issuances, executive orders, letters of instruction, administrative orders, or rules and regulations inconsistent with the act to be repealed, amended, or modified accordingly.
Fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
The rule in paragraph 3 (a3): When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.