Title
Subsidiary Imprisonment for Unpaid Fines
Law
Act No. 1732
Decision Date
Oct 1, 1907
Act No. 1732 establishes guidelines for subsidiary imprisonment, imposing imprisonment as a penalty for unpaid fines in criminal offenses, while also repealing a part of Act No. 183.

Law Summary

Determination of Prisoner Status under Subsidiary Imprisonment

  • Subsidiary imprisonment is generally excluded from calculations regarding prisoner status under specified provisions of Act No. 1703, except when only a fine is imposed.
  • If the sentence imposes a fine only, the term of subsidiary imprisonment needed to satisfy the fine determines prisoner status under the cited sections of Act No. 1703.

Subsidiary Imprisonment for Violations of Manila City Ordinances

  • For offenses punishable under Manila city ordinances involving fines, the court shall impose subsidiary imprisonment at hard labor at a rate of ₱1.00 per day until fine payment.
  • This does not preclude other means of satisfying fines such as property execution or civil remedies.

Repeal of Contradictory Provisions

  • The old provision in Section 40 of Act No. 183, which allowed imprisonment until fines were paid at a rate of ₱0.25 per day and enforcement by property execution, is repealed.
  • Articles 50 and 52 of the Penal Code related to subsidiary imprisonment are reenacted, overriding the repealed provisions where applicable.

Application of Related Acts

  • The provisions of Act No. 1533, as amended by Act No. 1559, apply to subsidiary imprisonment imposed under this Act.

Expediency of Enactment

  • The enactment of this Act is expedited in accordance with procedural law to address public good promptly.

Effectivity

  • This Act took effect on November 1, 1907.

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