FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
• 
S.B.No. 2695 
) 
) 
) 
FEB 1 il 
[' 3 : 1 7 
INTRODUCED BY HON. RAMON BONG REVILLA JR. 
EXPLANATORY NOTE 
According to Republic Act 5465, as amended: "Art. 39. Subsidiruy 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, xxx" 
That law was enacted on April 21, 1969. The rate for subsidiary imprisonment is no 
longer reasonable if we have to factor in inflation. Thus, there is a need to revisit this provision. 
, 
The proposed amendment provides that the rate, of subsidiary imprisomnent shall adjust 
to one day for an amount equivalent to the daily minimum wage of a laborer in the National 
Capital Region. 
The said adjustment will benefit those who canriot afford to pay fine due to poverty and 
also, this will in effect decongest our penal facilities. 
Hence, passage of this bill is earnestly sought. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
" 
S. B.No. 2895 
) 
) 
) 
,~'ltiWt Yo 
(*Ih;r of H!1t ,~rnrt:lfij 
'11 
FEB 14 P 3 :17 
INTRODUCED BY HON. RAMON BONG REVILLA 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 Philzppines in Congress 
assembled: 
SECTION 1. The first paragraph of A;rticle 39 of the 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 [the] paragraph of the next preceding 
article, he shall be subject to a subsidiary personal liability at the rate of 
one day for [each eight pesos] 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 prison correccional or arresto 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 iQ1posed 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 penalty imposed is higher than prison 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, 
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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," 
SECTION 2 - This Act shall take effect fifteen (15) days following its 
publication in two (2) newspapers of general circulation. 
Approved, 
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