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14" CONGRESS OF THE REPUBLIC 
Second Regular Session 
) 
1 
9 
FEE -2 
P6 ::36 
OF THE PHILIPPINES 
) 
SENATE 
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Introduced by Senator Ramon Bong Revilla, Jr. 
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EXPLANATORY NOTE 
Congestion in jails is a perennial problem in ow country today as the number of detainees 
rise year after year. According to the Bureau of Jail Management and Penology, statistics show 
that in the National Capital Region alone, we have inconceivable congestion. The Caloocan City 
Jail is the most congested among the jails in the National Capital Region with 1,171% congestion 
rate, followed closely by the Quezon City Jail and the Valenzuela City Jail with 1,093% and 
604% congestion rates, respectively. 
This bill recognizes such congestion problem and seeks to ameliorate it by increasing the 
daily rate of subsidiary penalties under Article 39 of Act No. 3815, otherwise known as the 
Revised Penal Code, as amended, from P8.00 to P382.00. 
The 1st paragraph of Article 39 of Act No. 3815, otherwise known as the Revised Penal 
Code, as amended, provides that: 
"If the convict has no property with which to meet the fine mentioned in 
paragraph 3 of the nextpreceding Article, he shall be subject to a subsidiary 
personal liability at the rate of one day for each eightpesos, x x x" 
The amount provided by Article 39 of Act No. 3815 is no longer pragmatic and does not 
suit the present social, economic and political environment as eight pesos is practically a very 
small amount these days. The recommended amount is based on the minimum wage rate in the 
National Capital Region, as per Wage Order No. - NCR-14. This proposed amendment is 
reasonable, humane and compassionate, and will significantly help ease over-congestion in penal 
facilities. Higher daily rate of subsidiary penalty would mean a considerable reduction of number 
of days of subsidiary imprisonment. 
Immediate passage of this bill is highly needed. 
G REVILLA, JR. 


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14'" CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
9 
FED -2 P6 37 
SENATE 
/ 
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Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
AMENDING THE 1ST PARAGRAPH OF ARTICLE 39 OF ACT NO. 3815, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS AMENDED, ON THE 
DAILY RATE OF THE SUBSIDIARY PENALTY 
Be it enacted by the Senate and House of Represenlatives of the Philippines in Congress 
assembled: 
SECTION 1. Article 39, first paragraph of Act No. 3815, also known as the Revised 
Penal Code, as amended, is hereby amended to read as follows: 
"Article 39. Subsidiary penalty - If the convict has no property with which to 
meet the line 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] THREE HUNDRED AND EIGHTY TWO PESOS, subject to the 
following rules: 
1. If the principal penalty imposed be prision correccional or arrest0 and fine, he 
shall remain under confinement until his fine referred to 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, and shall not exceed fifteen days, if 
for a light felony. 
3. When the principal 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 continement 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. 
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5. The subsidiary personal liability which the convict may have suffered by 
reason of his insolvency shall not relieve him, horn the fine in case his financial 
circumstances should improve. (As amended by RA 5465, April 21, 1969)” 
SECTION 2. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 3. Repealing Clause. - All laws, presidential decrees or issuances, executive 
orders, letters of instruction, administrative orders or rules and regulations, which may be 
inconsistent with this Act shall be deemed repealed, amended or modified accordingly. 
SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (1 5) days following 
its publication in two (2) newspapers of general circulation. 
Approved, 
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