SUBSIDIARY

PENALTY
It is neither an accessory penalty nor a principal penalty and it
must be expressly stated in the sentence.

The term SUBSIDIARY IMPRISONMENT is wrong because the

penalty is not only served by imprisonment. It follows the nature of
the penalty . If the penalty is suspension, the subsidiary penalty is
suspension.

The additional penalty for habitual delinquency is included in

determining the penalty to be imposed. So, if even if the principal
penalty is less than prision correccional and a fine but there is an
additional penalty of 12 years and 1 day because the offender is
a habitual delinquent, there is no subsidiary imprisonment.
SUBSIDIARY PENALTY IS APPLICABLE WHEN:
1. There is a penalty of imprisonment or any other
principal penalty and it carries a fine with it.

2. Penalty is only a fine

NO SUBSIDIARY PENALTY SHALL BE IMPOSED:
1. The penalty imposed is higher than prision correccional
Example: 6 years and 1 days ( subsidiary penalty is not
imposable)
2. For non-payment of reparation of indemnification
3. For non-payment of costs
4. Where the penalty imposed is a fine and another penalty without
fixed duration, like censure.
5. Not expressly stated in the sentence to take the place of the fine in
case of insolvency
6.The convict has the means to pay the fine
REPUBLIC ACT NO. 10159
An act amending Article 39 of Act No.
3815, as amended, or otherwise known as
Revised Penal Code

Approved: April 10, 2012

SECT. 1
Article 39. Subsidiary Penalty.- If the convict has no property with which to
meet the fine mentioned in paragraph 3 of the next preceding article, he shall
be subject to a subsidiary personal liability at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing in the
Philippines ( Php. 512) at the time of the rendition of judgment of conviction
by the trial court, 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 in the preceding
paragraph is satisfied, but his subsidiary imprisonment shall not exceed 1/3 of
the term of the sentence, and in no case shall it continue for more than 1 year,
and no fraction or part of day shall be counted against the prisoner.
2. When the principal penalty be imposed only a fine, the subsidiary
imprisonment shall not exceed 6 months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed 15 days, if
for a light felony.
3. When the principal penalty imposed is higher than prision correccional, no
subsidiary imprisonment shall be imposed upon the culprit.
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.
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 R.A. 5465,which lapsed into
law on April 1969)
Rule 1. Penalty imposed- Prision Correccional or arresto and fine
 subsidiary imprisonment shall not exceed 1/3 of the term of the sentence,
 shall not continue for more than 1 year
 no fraction or part of day shall be counted against the prisoner.
For Example:
1. A is convicted for falsification by private individual and sentenced to 4 years,9 months and 10 days of prision correccional and a fine of
Php.400,000.00.

365(days in a year)X 4 Years+270(days in 9months)+10days=1,760 (4 years,9 months and 10 days )

1,760 (4 years,9 months and 10 days ) / 3 = 580 days ( subsidiary penalty is not more than 1 year)

400,000(fine)/512(highest minimum wage rate)= 781days ( subsidiary penalty is not more than 1 year)

365 days will be followed. The offender shall suffer 365 days or 1 year of subsidiary penalty in addition to his sentence.
TOTAL of 5 years, 9 months and 10 days of prision correccional
2. The offender is sentenced to 4 years, 9 months and 10 days and a fine of Php.
100,000.
 365(days in a year)X 4 Years+270(days in 9months)+10days=1,760
 1760/3=586 days(1/3 of the penalty)
100000(fine)/512=195 days of subsidiary penalty( 6 months , 15 days of subsidiary penalty )

195 days of subsidiary penalty will be followed it is lower compared to 586 days
and the offender shall not suffer subsidiary penalty for more than 365 days.
4 years, 9 months and 10 days + 6 months , 15days =5 years , 3 months and 25 day.
3. The offender is sentenced to 1 year,6 months and 15 days of arresto mayor and a
fine of Php. 80,000.00
365 days(1year)+180 days( 6months)+ 10days=555 days/3= 185 days of S.P.
80000/512=156 or 5 months 6 days of S.P.
Total of 1 year,11 months and 21 days of arresto mayor.
Rule 2. When the principal penalty be imposed only a fine, the subsidiary imprisonment is:

not exceed 6 months-if the culprit shall have been prosecuted for a grave or less grave felony
Correctional Penalty - it does not exceed P1.2 million but not less than P40,000 (if it does not 6000
pesos but is not less than 200 pesos)
Example: Offender is fined Php. 50, 000
50, 000 (fine) / 512 (highest minimum wage rate) = 97 days of subsidiary penalty or
3 months , 7 days of subsidiary penalty

 not exceed 15 days-if prosecuted for a light felony.

Light Penalty - if it be less than P20,000 (if it be less than 200 pesos)
Example: Offender is fined Php. 7,000

7, 000 (fine) / 512 (highest minimum wage rate) = 13 days of subsidiary penalty
3. When the principal penalty imposed is higher than prision correccional,
no subsidiary imprisonment shall be imposed upon the culprit.

No Subsidiary Penalty for Subsidiary Penalty is imposable to

Prision mayor ( 6 years,1 day-12 years) Prison Correccional (6months,1 day-6 years)

Reclusion temporal (12 years,1 day-20 years) Arresto Mayor (1 month, 1 day – 6 years)

Reclusion Perpetua (20-40years) Arresto Menor ( 1 day -30 days)

Suspension (6months,1 day-6 years)
Destierro (6months,1 day-6 years)
Fine
Rule 4. If the principal penalty imposed is
not to be executed by confinement but has a fixed duration.
Under Section 53 of RA. 10951, (Art 236) the penalty of suspension and fine from Php 40,000
to Php 100,00 shall be imposed upon any person who shall assume the performance of the
duties and powers of any public office without first being sworn in or having given bond
required by law. Such suspension shall last until he shall have complied with the formalities.
If he cannot pay the fine, although he already complied with the formalities required by
said Art, his suspension shall continue until the amount of the fine is covered at the rate of
one day suspension equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction by the trial court.
penalty is not executed by confinement and has no fix duration
If the accused cannot pay the fine, there is no subsidiary liability, because the penalty of
censure has no fixed duration and is not executed by confinement
shall continue to suffer the same deprivations as those of which the principal penalty consists
If the penalty is imprisonment, the subsidiary penalty is imprisonment. If the penalty is destierro,
the subsidiary penalty is destierro. If the penalty is suspension, the subsidiary penalty is
suspension.
Rule 5.
In case the financial circumstances of the convict should improve, he shall pay
the fine not withstanding the fact that the convict suffered subsidiary personal
liability thereto.
In case the financial status of the offender improved, he can be made to pay the full amount of
the fine with deductions to the subsidiary penalty he suffered.