Amendment to R.P.C. Art. 39 on Subsidiary Penalty

Section 1 amends Article 39 of Act No. 3815, as amended, governing subsidiary penalty.
Article 39 establishes rules for subsidiary personal liability when a convict has no property to pay the fine fixed in the next preceding article (Article 39).

Republic Act No. 10159 does not declare a separate policy or purpose beyond amending the subsidiary penalty rules in Article 39 (Section 1).

Article 39 provides that if the convict has no property to meet the fine mentioned in paragraph 3 of the next preceding article, the convict is subject to subsidiary personal liability (Article 39).
The 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 of conviction by the trial court (Article 39).

Subsidiary liability applies only when the convict has no property to meet the fine referred to in paragraph 3 of the next preceding article (Article 39).
If the principal penalty includes prision correccional or arresto and fine, the convict remains under confinement until the fine is satisfied, subject to caps (Article 39, par. 1).
If the principal penalty is only a fine, subsidiary imprisonment is capped depending on the felony classification (Article 39, par. 2).
If the principal penalty is higher than prision correccional, no subsidiary imprisonment is imposed (Article 39, par. 3).
If the principal penalty is not to be executed by confinement in a penal institution but is of fixed duration, the convict continues to suffer the same deprivations during the period governed by the preceding rules (Article 39, par. 4).

For prision correccional or arresto plus fine, subsidiary imprisonment shall not exceed one-third of the term of the sentence (Article 39, par. 1).
For prision correccional or arresto plus fine, subsidiary imprisonment shall not continue for more than one year (Article 39, par. 1).
For prision correccional or arresto plus fine, no fraction or part of a day is counted against the prisoner (Article 39, par. 1).

If the principal penalty is only a fine, subsidiary imprisonment shall not exceed six months when the culprit is prosecuted for a grave or less grave felony (Article 39, par. 2).
If the principal penalty is only a fine, subsidiary imprisonment shall not exceed fifteen days when the culprit is prosecuted for a light felony (Article 39, par. 2).
The caps above apply only when the principal penalty imposed is only a fine (Article 39, par. 2).

When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment is imposed upon the culprit (Article 39, par. 3).

When the principal penalty is not to be executed by confinement in a penal institution and is of fixed duration, the convict continues to suffer the same deprivations during the period established under the subsidiary penalty rules (Article 39, par. 4).

The subsidiary personal liability suffered due to insolvency does not relieve the convict from the fine if the convict’s financial circumstances should improve (Article 39, par. 5).

Article 39 notes that it was amended by Republic Act No. 5465, which lapsed into law on April 21, 1969 (Article 39).

Section 2 provides that if any provision or part of Republic Act No. 10159 is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected remains valid and subsisting (Section 2).

Section 3 provides that 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 (Section 3).

Republic Act No. 10159 was finally passed by the Senate on May 23, 2011 and by the House of Representatives on January 30, 2012 (final passage dates).
Republic Act No. 10159 was approved on April 10, 2012 (approval date).