FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ 6 0

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 3343 by the undersigned
Rufus B. Rodriguez during the Fourteenth Congress. It was approved by the
Committee on Revision of Laws as substitute House Bill No. 6946 under Committee
Report No. 2464, dated October 19, 2009. It was approved by the House of
Representatives on December 8, 2009 and transmitted to the Senate on December 10,
2009 where it was not acted upon.

The Revised Penal Code, Article 39, 1* paragraph provides:

“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, x x x”

It is clear that if the convict has no property to pay the fine, he will have to
suffer subsidiary imprisonment at the rate of one day for each P8.00 which he cannot
pay.

The rate for subsidiary imprisonment is no longer realistic considering that the
basis was the minimum wage prevailing at the time Article 39 of the Revised Penal
Code was amended by Republic Act No. 5465 in April 1969. To conform with the
current minimum wage, the rate for subsidiary imprisonment must be increased from
8.00 to at least 350.00.

This proposed amendment will inure to the benefit of the convict. From a
‘measly sum of P8.00, his subsidiary imprisonment will now be at the rate of one day
for each P350.00 which he cannot pay. It means a considerable reduction of number
of days of subsidiary imprisonment in the event a convict does not have a property to
pay the fine


Hence, this bill seeks to adjust the amount of subsidiary imprisonment that a
convict has to suffer from “one day for each P8.00” to “one day for each P350.00”
which he cannot pay.

Immediate enactment of this bill is earnestly sought.

RU B. RODRIGUEZ

We

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House BillNo.___ 6.00

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT

ADJUSTING THE RATE OF SUBSIDIARY IMPRISONMENT TO ONE DAY
FOR AN AMOUNT EQUIVALENT TO THE DAILY MINIMUM WAGE OF A
LABORER IN THE NATIONAL CAPITAL REGION, AMENDING FOR THE
PURPOSE ARTICLE 39 OF THE REVISED PENAL CODE OF THE

PHILIPPINES.

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. The first paragraph of Article 39 of Revised Penal Code, as

amended is hereby further amended to read as followed:

"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 AN AMOUNT
EQUIVALENT TO THE DAILY MINIMUM WAGE OF A
LABORER IN THE NATIONAL CAPITAL REGION AS
COMPUTED BY THE NATIONAL WAGES AND
PRODUCTIVITY COMMISSION, 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.

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, shall not exceed fifteen 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 form the fine
in case his financial circumstances should
improve".

SECTION 2, This Act shall take effect fifteen (15) days following its
Publication in two (2) newspapers of general circulation.

Approved.