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.
Section 1. Article 39 of Act 3815, otherwise known as the Revised Penal Code, is hereby amended to read as follows:
"Art. 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 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 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....
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Republic Acts
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.
Republic Act No. 5465
Summary of Republic Act No. 5465
Amends Article 39 of the Revised Penal Code on Subsidiary Penalty
- If the convict has no property to pay the fine, a subsidiary personal liability is imposed at the rate of one day for every 8 pesos. (Section 1)
- Rules for subsidiary imprisonment:
• If the principal penalty is prision correccional or arresto and fine, the convict remains confined until the fine is paid, but not exceeding 1/3 of the sentence or one year, whichever is less. (Section 1, Rule 1)
• If the principal penalty is only a fine for a grave or less grave felony, the subsidiary imprisonment shall not exceed six months. (Section 1, Rule 2)
• If the principal penalty is only a fine for a light felony, the subsidiary imprisonment shall not exceed fifteen days. (Section 1, Rule 2)
• If the principal penalty is higher than prision correccional, no subsidiary imprisonment shall be imposed. (Section 1, Rule 3)
• If the principal penalty is not confinement but has a fixed duration, the convict shall continue to suffer the same deprivations as the principal penalty during the subsidiary imprisonment period. (Section 1, Rule 4)
• The subsidiary personal liability served due to insolvency shall not relieve the convict from paying the fine if their financial circumstances improve. (Section 1, Rule 5)
- The Act took effect upon its approval on April 21, 1969. (Section 2)
Amends Article 39 of the Revised Penal Code on Subsidiary Penalty
- If the convict has no property to pay the fine, a subsidiary personal liability is imposed at the rate of one day for every 8 pesos. (Section 1)
- Rules for subsidiary imprisonment:
• If the principal penalty is prision correccional or arresto and fine, the convict remains confined until the fine is paid, but not exceeding 1/3 of the sentence or one year, whichever is less. (Section 1, Rule 1)
• If the principal penalty is only a fine for a grave or less grave felony, the subsidiary imprisonment shall not exceed six months. (Section 1, Rule 2)
• If the principal penalty is only a fine for a light felony, the subsidiary imprisonment shall not exceed fifteen days. (Section 1, Rule 2)
• If the principal penalty is higher than prision correccional, no subsidiary imprisonment shall be imposed. (Section 1, Rule 3)
• If the principal penalty is not confinement but has a fixed duration, the convict shall continue to suffer the same deprivations as the principal penalty during the subsidiary imprisonment period. (Section 1, Rule 4)
• The subsidiary personal liability served due to insolvency shall not relieve the convict from paying the fine if their financial circumstances improve. (Section 1, Rule 5)
- The Act took effect upon its approval on April 21, 1969. (Section 2)