AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815
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AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815
Republic Act No. 10159
April 10, 2012
Case Overview and Summary
Summary of Republic Act No. 10159Amending Article 39 of the Revised Penal Code on Subsidiary Penalty
- Subsidiary Penalty for Failure to Pay Fine (Section 1)
• If the convict has no property to pay the fine, he shall be subject to subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate in the Philippines at the time of conviction.
• Rules on Subsidiary Imprisonment (Section 1):
• If the principal penalty is prision correctional or arresto and fine, the subsidiary imprisonment shall not exceed one-third of the sentence or one year, whichever is less. (Section 1.1)
• If the principal penalty is only a fine for a grave or less grave felony, the subsidiary imprisonment shall not exceed six months. (Section 1.2)
• If the principal penalty is only a fine for a light felony, the subsidiary imprisonment shall not exceed fifteen days. (Section 1.2)
• If the principal penalty is higher than prision correctional, no subsidiary imprisonment shall be imposed. (Section 1.3)
• If the principal penalty does not involve confinement but has a fixed duration, the convict shall continue to suffer the same deprivations during the subsidiary imprisonment period. (Section 1.4)
• The subsidiary personal liability served due to insolvency shall not relieve the convict from paying the fine if their financial circumstances improve. (Section 1.5)
- Separability Clause (Section 2)
• If any provision is held invalid or unconstitutional, the remaining provisions shall remain valid and subsisting.
- Repealing Clause (Section 3)
• All laws, presidential decrees, executive orders, or rules inconsistent with this Act shall be deemed repealed, amended, or modified accordingly.
- Effectivity (Section 4)
• This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of general circulation.
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AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815
Republic Act No. 10159
•April 10, 2012
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Fifteenth CongressSecond Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10159 April 10, 2012
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 39 of Act No. 3815, as amended, is hereby further 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 amount 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, subject to the following rules:
"1. If the principal penalty imposed be prision correctional or arresto and fine, he...
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Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
Revised Penal Code
Subsidiary Penalty
Fine
Subsidiary Imprisonment
Prision Correctional
Arresto
Grave Felony
Less Grave Felony
Light Felony
Minimum Wage Rate
Separability Clause
Repealing Clause
Effectivity
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Fifteenth CongressSecond Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10159 April 10, 2012
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 39 of Act No. 3815, as amended, is hereby further 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 amount 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, subject to the following rules:
"1. If the principal penalty imposed be prision correctional or arresto and fine, he...
Login to see full content