Art. 38. Pecuniary liabilities; Order of payment.

— In case the property of the offender

should not be sufficient for the payment of all his pecuniary liabilities, the same shall be
met in the following order:

1. The reparation of the damage caused.chanrobles virtual law library

2. Indemnification of consequential damages.chanrobles virtual law library

3. The fine.chanrobles virtual law library

4. The cost of the proceedings.chanrobles virtual law library

Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each eight pesos, subject to the
following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he
shall remain under confinement until his fine referred to in the preceding
paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third
of the term of the sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the
prisoner.chanrobles virtual law library

2. When the principal penalty imposed be only a fine, the subsidiary

imprisonment shall not exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if
for a light felony.chanrobles virtual law library

3. When the principal imposed is higher than prision correccional, no subsidiary

imprisonment shall be imposed upon the culprit.chanrobles virtual law library

4. If the principal penalty imposed is not to be executed by confinement in a

penal institution, but such penalty is of fixed duration, the convict, during the
period of time established in the preceding rules, shall continue to suffer the
same deprivations as those of which the principal penalty consists.chanrobles
virtual law library chan robles virtual law library

5. The subsidiary personal liability which the convict may have suffered by
reason of his insolvency shall not relieve him, from the fine in case his financial
circumstances should improve. (As amended by RA 5465, April 21, 1969).
 Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty for thirty years, unless such person by
reason of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon.chanrobles virtual law library

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and
one day to twenty years.chanrobles virtual law library

Prision mayor and temporary disqualification. — The duration of the penalties of prision
mayor and temporary disqualification shall be from six years and one day to twelve
years, except when the penalty of disqualification is imposed as an accessory penalty,
in which case its duration shall be that of the principal penalty.chanrobles virtual law
library

Prision correccional, suspension, and destierro. — The duration of the penalties of prision
correccional, suspension and destierro shall be from six months and one day to six
years, except when suspension is imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty.chanrobles virtual law library

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month
and one day to six months.chanrobles virtual law library

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to
thirty days.chanrobles virtual law library

Bond to keep the peace. — The bond to keep the peace shall be required to cover
such period of time as the court may determine.chanrobles virtual law library