Article 39

If a convict lacks property to meet their pecuniary liabilities, they will be subject to a subsidiary
personal liability at a rate of one day for each 2 pesos and 50 centavos.

The subsidiary imprisonment will not exceed one-third of the sentence's term and cannot
continue for more than one year.

If the principal penalty is a fine, the subsidiary imprisonment will not exceed six months for
grave or less grave felony cases, or fifteen days for light felony cases.

If the principal penalty is higher than prisión correctional, no subsidiary imprisonment will be
imposed.

If the principal penalty is not executed by confinement in a penal institution but is of fixed
duration, the convict will continue to suffer the same deprivations as the principal penalty.

The subsidiary personal liability suffered by the convict does not relieve them from reparation or
indemnification for consequential damages, but they will be relieved from pecuniary liability for
the fine.

Article 40

Death and Its Complementary Penalties. — When the death penalty is not carried out due to
commutation or pardon, it carries with it the penalty of perpetual absolute disqualification and
civil interdiction for thirty years after the date of sentence, unless such accessory penalties are
expressly waived in the pardon.

Article 41

Reclusión Perpetua and Reclusión Temporal are their supplementary punishments. — The
penalties of reclusión perpetua and reclusión temporal carry with them the penalty of civil
interdiction for life or during the term of the sentence, as the case may be, and the penalty of
perpetual absolute disqualification, which the offender shall suffer even if pardoned as to the
principal penalty, unless expressly remitted in the pardon.

Article 42

Its Accessory Penalties, Prisión Mayor. — The penalty of prisión mayor carries with it the
penalty of temporary absolute disqualification and perpetual special disqualification from the
right of suffrage, which the offender shall suffer even if the principal penalty is pardoned, unless
expressly remitted in the pardon.
Article 43

The Accessory Penalties of Correccional Prisión. — If the period of incarceration exceeds

eighteen months, the punishment of prisión correccional includes suspension from public office,
the right to pursue a profession or calling, and lifelong special disqualification from the right to
vote. Unless specifically remitted in the pardon, the offender shall endure the disqualification
stipulated in this article even if the major punishment is pardoned.

Article 44

Its Accessory Penalties are Arresto. — The punishment of arresto includes the suspension of
the right to hold office and the right to vote during the length of the sentence.

Article 45

Confiscation and forfeiture of criminal proceeds or instruments. — Any penalty imposed for the
commission of a felony includes the seizure of the revenues of the crime as well as the
equipment or tools used to accomplish the crime.

Such revenues, instruments, or tools shall be confiscated and forfeited in favor of the
government, provided they are the property of a third person who is not accountable for the
violation; nevertheless, things that are not subject to legitimate trade shall be destroyed.

Article 46

Principals in general will face a penalty. – The principals in the commission of a felony must
face the penalty provided by law for such commission.

When the law provides a general penalty for a felony, it is understood to apply to the completed
felony.

Article 47

The death penalty is imposed in all cases where it must be imposed under existing
laws, except in cases where the guilty person is over 70 years old or when the Supreme
Court's members are not unanimous in their voting on the imposition of the death
penalty. The Supreme Court renders its decision per curiam, which must be signed by
all justices of the court, unless some members become disqualified from participating in
the case. In such cases, the unanimous vote and signature of only the remaining
justices are required.
Article 48

Penalty for Complex Crimes. — When a single act includes two or more offenses, or
when one offense is a necessary means of committing another, the penalty for the most
serious crime is imposed, with the same applied for the maximum duration.

Article 49

In cases where a felony committed is different from the intended offense, the principals
must be penalized accordingly. If the penalty for the felony is higher than the offense the
accused intended to commit, the penalty for the latter will be imposed in its maximum
period. If the penalty is lower than the offense the accused intended to commit, the
penalty for the former will be imposed in its maximum period. However, this rule is not
applicable if the acts committed by the guilty person also constitute an attempt or
frustration of another crime, if the law prescribes a higher penalty for either offense.