FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
, SENATE 
S.No. 2371 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
\0, !IUEilO 26:11' 
Article 39 of the Revised Penal Code provides that a convict, who has no 
property to pay fines, will be made to suffer a subsidiary imprisonment of one day for 
each I1S.00 liability. 
Clearly, this rate for subsidiary imprisonment was the prevailing minimum wage 
when Article 39 of the Revised Penal Code was amended by Republic Act No. 5465 in 
April 1969 - a rate that is therefore no longer realistic. 
To conform to the current minimum wage as well as the tendency of the 
minimum wage rate to adjust seasonally, this bill proposes that the rate for subsidiary 
imprisonment must be adjusted from I1S.00 to any amount equivalent to the highest 
minimum wage rate prevailing in the Philippines at the time of final conviction, 
This proposed amendment will inure to the benefit of the convict, as this would 
mean a considerable reduction of number of days of subsidiary imprisonment - and 
conforming to present rates - in the event a convict does not have property to pay the 
fine. 
' 
. 
This bill thus deserves immediate consideration and approval. 
FRANCIS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 237.1 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
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10 
~U5 10 P6 :11 
AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read 
as follows: 
" Article 39. Subsidianj 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] AMOUNT 
EQUIVALENT TO THE HIGHEST MINIMUM WAGE RATE 
PREVAILING IN THE PHILIPPINES AT THE TIME THE 
JUDGMENT OF CONVICTION BECOMES FINAL, 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 


SEC. 2. 
imprisonment shaH 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 shaH 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 penalty imposed is higher that 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 from the 
fine in case his financial circumstances should improve. (As amended 
by R.A. no. 5465, which lapsed into law on April 21, 1969.) 
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. 


• 
SEC. 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. 
SEC. 4. 
Effectivity. - This Act shall take effect fifteen (15) days following its 
publication in two (2) newspapers of general circulation or the Official Gazette. 
Approved,