Law Summary
Limits on Subsidiary Imprisonment Based on Principal Penalty
- If the principal penalty is prision correccional or arresto plus a fine, subsidiary imprisonment lasts until the fine is satisfied, but:
- Cannot exceed one-third of the sentence.
- Cannot surpass one year in total.
- No part of a day can be counted as imprisonment.
- If the principal penalty is only a fine:
- Subsidiary imprisonment is up to six months for grave or less grave felonies.
- Up to fifteen days for light felonies.
- No subsidiary imprisonment if the principal penalty is higher than prision correccional.
Subsidiary Penalty When Principal Penalty Is Non-confinement
- If the principal penalty is non-confinement but time-based:
- The convict must endure similar deprivations related to the penalty for the prescribed period under the subsidiary rules.
Financial Condition and Subsidiary Liability
- Subsidiary imprisonment due to insolvency doesn’t exempt the convict from paying the fine if they later improve financially.
Separability Clause
- Invalidity or unconstitutionality of any part does not affect the rest of the law, which remains valid.
Repealing Clause
- All prior laws, issuances, or rules inconsistent with this amendment are repealed, modified, or amended accordingly.
Effectivity
- The Act takes effect 15 days after its publication in the Official Gazette or two newspapers of general circulation.