SUBSIDIARY PENALTY

(Art. 39 as amended by 10159

April 10, 2012)
- If the convict has no money or property to
pay the penalty of fine, he shall be subject to
subsidiary personal liability at the rate of one
day for each highest daily minimum wage rate
prevailing in the Philippines at the time of the
rendition of judgement of conviction. Subject
to the following rules:

SUBSIDIARY PENALTY
1. If the principal penalty is prision
correctional, arresto or fine he shall remain
under confinement until his fine is satisfied
but his SL shall not exceed one third of the
term of sentence, and in no case shall
continue for more than one year;

2. When the principal penalty imposed is

only fine for a grave or less grave felony SL
shall not exceed six months;

SUBSIDIARY PENALTY
3. If the principal penalty be only fine
for a light offense SL shall not exceed
15 days;
4. When the principal penalty is higher
than prision correctional no Subsidiary
liability

4. If the PP imposed is not to be executed by

confinement in a penal institution, but such
penalty is of fixed duration, the convict shall
continue to suffer the same deprivation as
those of the principal penalty consist;
5. The SL which the convict may have suffered
by reason of his insolvency shall not relieve
him the fine in case his financial
circumstances should improve.

6. The subsidiary liability must be expressly

stated in the decision convicting the accused;
7. Only the fine imposed by the Court as a
penalty shall be included in the computation
of the SI (Pp vs. Fajardo 65 Phil 539)
8. Civil liabilities shall not be included
(Ramos Vs. Gonong, 72 SCRA 565)