Law Summary
Rules Governing Subsidiary Imprisonment if Principal Penalty Includes Prision Correccional or Arresto and Fine
- The convict remains confined until the fine is satisfied.
- Subsidiary imprisonment shall not exceed one-third of the term of the principal sentence.
- In no case shall the subsidiary imprisonment be longer than one year.
- Partial days or fractions of a day are not counted towards the imprisonment term.
Subsidiary Imprisonment When Principal Penalty Is Solely a Fine
- If the principal penalty is only a fine, strict limits on subsidiary imprisonment apply:
- Not to exceed six months if the crime is classified as a grave or less grave felony.
- Not to exceed fifteen days if the crime is a light felony.
No Subsidiary Imprisonment for Principal Penalties Above Prision Correccional
- If the principal penalty imposed involves a penalty higher than prision correccional, no subsidiary imprisonment is to be applied.
Subsidiary Penalty When Principal Penalty Is Not Confinement But Has Fixed Duration
- If the principal penalty is not executed through confinement but is of a fixed duration (e.g., perpetual disqualification), the convict shall continue to suffer all deprivations equivalent to those under the principal penalty during the permitted period of subsidiary liability.
Continued Obligation to Pay Fine Regardless of Financial Improvement
- A convict’s insolvency and the subsidiary penalty imposed do not absolve the obligation to pay the fine.
- If the convict's financial situation improves, the fine must still be paid in full.
Separability Clause
- If any provision or part of the law is declared invalid or unconstitutional, the remainder of the law remains in full force and effect.
Repealing Clause
- All laws, presidential decrees, issuances, executive orders, letters of instruction, administrative orders, and regulations inconsistent with this Act are repealed, amended, or modified accordingly.
Effectivity Clause
- The Act takes effect 15 days after its publication in the Official Gazette or in two newspapers of general circulation.
This Act serves as an amendment to Article 39 of the Revised Penal Code, specifically addressing the imposition, conditions, and limits of subsidiary penalties when fines cannot be satisfied by the convicted individual.