Law Summary
Scope and Applicability of Subsidiary Penalty
- Subsidiary penalty applies only if the convict has no property to satisfy the fine.
- It imposes a personal liability by converting the unpaid fine into imprisonment at the rate of one day for each 8 pesos of the fine.
Subsidiary Penalty When Principal Penalty Is Imprisonment With Fine
- If the principal penalty involves prision correctional or arresto plus a fine, the convict remains confined until the fine is satisfied.
- Subsidiary imprisonment shall not exceed one-third of the principal term of imprisonment.
- In no case shall subsidiary imprisonment exceed one year.
- Fractional days are not counted toward subsidiary imprisonment.
Subsidiary Penalty When Principal Penalty Is Only a Fine
- If the principal penalty is only a fine:
- Subsidiary imprisonment may be up to 6 months if the offense is a grave or less grave felony.
- Subsidiary imprisonment may be up to 15 days if the offense is a light felony.
Subsidiary Penalty When Principal Penalty Is Higher than Prision Correctional
- No subsidiary imprisonment shall be imposed if the principal penalty exceeds prision correctional.
Subsidiary Penalty for Non-Confinement Penalties
- If the principal penalty is of fixed duration but does not involve confinement, the convict must continue to suffer the same deprivations during the time limits prescribed for subsidiary penalty.
Continuing Liability Despite Subsidiary Penalty
- The subsidiary imprisonment served by reason of insolvency does not relieve the convict from paying the fine should their financial situation improve.
Effectivity
- The amendment took effect upon approval on April 21, 1969, without the President's signature.