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FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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Second Regular Session 
9 
NAY -'7 P 3  :IO 
SENATE 
COMMITTEE REPORT NO.BS{"!'. "'!" ' 
Submitted by the Committee on Justice and Human Rights on 
Re: Senate Bill No. 
Recommending its approval in substitution of Senate Bill Nos. 685,1032,1777 and 3031. 
Sponsor: Senator-. Escudero 
MAY - 7 ?Nlq 
3 2 
MR. PRESIDENT: 
The Committee on Justice and Human Rights to which were referred Senate Bill 
No. 685 introduced by Senator Jinggoy Ejercito Estrada entitled 
"AN ACT AMENDING ACT NO. 3815, ALSO KNOWN AS THE REVISED 
PENAL CODE, AS AMENDED, ARTICLE 39,lST PARAGRAPH, ON 
SUBSIDIARY PENALTY" 
Senate Bill No. 1032 introduced by Senator Manny Villar entitled: 
"AN ACT TO AMEND ARTICLE 39 OF ACT NO. 3815, AS AMENDED, 
THE REVISED PENAL CODE, DEFINING THE EXTENT TO WHICH 
SUBSIDIARY IMPRISONMENT SHALL BE REQUIRED" 
Senate Bill No. 1777 by Senator Miriam Defensor Santiago, entitled: 
"AN ACT TO AMEND ARTICLE 39 OF REPUBLIC ACT NO. 3815, 
OTHERWISE KNOWN AS THE PENAL CODE, AS AMENDED, ON 
THE DAILY RATE OF THE SUBSIDIARY PENALTY OF 
IMPRISONMENT IN CASE OF INSOLVENCY" 
and Senate Bill No. 3031 by Senator Ramon Bong Revilla, Jr., entitled: 
"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" 


has considered the same and has the honor to report them back to the Senate with the 
recommendation that the attached Senate Bill No. 
prepared by the Committee 
entitled: 
"AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE" 
be approved in substitution of Senate Bill Nos. 685,1032,1777 and 3031 with Senators 
Estrada, Villar, Defensor-Santiago, Revilla and Escudero as authors thereof. 
Respectfully Submitted: 
FRANCI~ 
G. ESCUDERO 
Chairman, Committee on Justice and Human Rights 
Vice-chairman: 
BENIGN0 S. AQUINO 111 
/"I 
GRE L OR10 B. HONASAN I1 
ALAN PETER "COMPANERO 
S. CAYETANO 
FRAN s 
P A N G I L I ~ ~ N  
Ti


Ex-Officio Members: 
Majority Floor Leader 
h 
Minority Floor Leader 
Hon. JUAN PONCE ENRILE 
Senate President 
Senate of the Philippines 
Pasay City 


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FOURTEENTH CONGRESS OF THE 
) 
, ,' 
REPUBLIC OF THE PHILIPPINES 
1 
Second Regulur Session 
1 
9 
MAY -7 
P3 30 
SENATE 
/ 
In Substitution of Senate Bill Nos. 685,2032,1777and 3032 
Prepared by the Committee on Justice and Human Rights with Senators Ejercito- 
Estrada, Villar, Defensor Santiago, Revilla and Escudero as authors thereof 
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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 the 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: 
"Article 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 [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 
nrresto 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. 


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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 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 from the fine in 
case his financial circumstances should improve. (As amended by R.A. No. 
5465, which lapsed info luw on April 21, 1969.) 
SEC 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. 
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,