Subsidiary

Penalty
REPUBLIC ACT NO. 5465
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815 (REVISED PENAL
CODE) INCREASING THE RATE PER DAY OF SUBSIDIARY PENALTY
FROM TWO PESOS AND FIFTY CENTAVOS TO EIGHT PESOS.

What is Subsidiary Penalty?

Suffered by the convict who has no
property with which to pay the fine
Php8.00 per day

An auxiliary personal liability

It must be expressly provided in the
judgment of the convict.

Where NO subsidiary penalty

imposed:
when the penalty imposed is higher
than prisin correccional or 6 years
for non-payment of reparation or
indemnification
for non-payment of costs
when the penalty imposed is a fine
and another penalty without fixed
duration
for non-payment of civil liability
if not stated in the decision

Where subsidiary penalty

imposed:
Prision correccional
Suspension and fine
Destierro
Arresto mayor
Arresto menor
Fine only

Rules relative to subsidiary

penalty
1. Prision Correccional or Arresto and
fine
Subsidiary imprisonment shall not
exceed one-third (1/3) of the term
of the sentence, and in no case to
continue for more than one year
No fraction or part of a day shall
be counted against the prisoner

Rules relative to subsidiary

penalty
2. Fine only
Subsidiary imprisonment shall not
exceed six (6) months,
the offense is grave or less grave felony
Not exceed 15 days
if light felony

3. No subsidiary penalty
When the penalty imposed is higher
than prision correctional

Rules relative to subsidiary

penalty
4. Penalty imposed is not by
confinement, but of fixed duration
Nature of subsidiary penalty is the
same as that of the principal penalty
same rules provided shall apply

5. In case the financial

circumstances of the convict should
improve, he shall pay the fine.

Illustration/Example
A is convicted of a crime and sentenced
to 4 years, 9 months and 10 days of
prision correccional, as the maximum
term of the intermediate penalty, and to
pay a fine of Php 4,000.00. He has no
property to pay the fine.
Given:
- 4 years - 10 days
- 9 months - Php 4,000.00

Illustration/Example
365
30 1460
x
4 x 9
270
1460 (days) 270 (days) +
1740 (days)
1740 4,000
/
3 /
8
580 (days less than
1/3 of the penalty
imposed)

500

10

(days)

A can be made to suffer subsidiary imprisonment

for only 365 days.
in no case to continue for more than 1 year.

Illustration/Example
A is sentenced to suffer imprisonment
of 3 years and to pay a fine of Php
2,000.00. He cannot pay the fine.
1/3 of 3 years is 1 year.
2,000 / 8 = 250 days
The subsidiary imprisonment is 250
days because it is not more than 1/3 of
the principal penalty of 3 years and it
does not exceed 1 year.

Illustration/Example
If A was sentenced to 21 days of
imprisonment and a fine of Php
1,000.00.
1,000 / 8 = 125 days
21 / 3 = 7 days

The subsidiary penalty cannot

exceed 7 days.

Illustration/Example
B is sentenced to pay a fine of Php
800.00 for a crime punishable by a
fine not exceeding Php 2,000.00.
8oo / 8 = 100 days

The amount being not less than Php

200.00 and not more than Php
6,000.00 pursuant to Article 26, the
duration of his subsidiary
imprisonment shall be 100 days

Illustration/Example
C is sentenced to 4 years, 9 months
and 10 days of destierro and to pay a
fine of Php 4,000. he cannot pay the
fine.
He shall suffer an additional period of
destierro at the same rate of Php
8.00 per day.
the rule is the same when the
principal penalty is suspension and
fine.