Legal basis and what it amends
- Republic Act No. 10159 amends Article 39 of Act No. 3815, as amended, known as the Revised Penal Code.
- Article 39 governs Subsidiary Penalty when a convict cannot pay the fine imposed.
Policy and purpose
- Republic Act No. 10159 adjusts the computation and limits of subsidiary personal liability to be served in lieu of an unsatisfied fine.
Subsidiary penalty when fine cannot be paid
- Article 39 provides that if the convict has no property to meet the fine in paragraph 3 of the next preceding article, the convict shall be subject to subsidiary personal liability.
- Subsidiary personal liability is computed at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment by the trial court.
- The subsidiary personal liability is subject to the following rules, depending on the principal penalty imposed.
Rules based on the principal penalty imposed
- Prision correccional or arresto and fine: the convict remains under confinement until the fine is satisfied, but subsidiary imprisonment shall not exceed one-third of the term of the sentence, and shall not continue for more than one year; no fraction or part of a day is counted.
- Only a fine:
- If the culprit is prosecuted for a grave or less grave felony, subsidiary imprisonment shall not exceed six months.
- If prosecuted for a light felony, subsidiary imprisonment shall not exceed fifteen days.
- Higher than prision correccional: no subsidiary imprisonment shall be imposed upon the culprit.
- Principal penalty not executed by confinement but fixed duration: during the period established in the preceding rules, the convict continues to suffer the same deprivations as those of which the principal penalty consists.
Effect of later financial improvement
- Article 39 provides that subsidiary personal liability suffered due to insolvency does not relieve the convict from paying the fine if the convict’s financial circumstances improve.
Separability, repeals, and effectivity
- Separability clause: if any provision or part is held invalid or unconstitutional, the remainder remains valid and subsisting.
- Repealing clause: all laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, or rules and regulations inconsistent with Republic Act No. 10159 are deemed repealed, amended, or modified accordingly.