THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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SENATE 
S. B. NO. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 111, Section 19, paragraph 2, provides that: 
"The employment of physical, psychological, or degrading punishment against 
any prisoner or detainee or the use of substandard or inadequate penal facilities under 
subhuman conditions shall be dealt with by law." 
One of the most crucial problems in the various custodial facilities in the country 
is over congestion. According to the Bureau of Jail Management and Penology (BJMP) in 
its report presented last 29 November 2006, the total number of inmates in custodial 
facilities throughout the country is 60,041 while the ideal number should only be 18,955. 
This ideal number of inmates was computed based on the standards set by the United 
Nations which is one inmate per three square meters (1 :3). 
Over-congestion in itself create an inhumane condition for inmates inside 
custodial facilities. It causes the spread of disease among inmates and it is also the usual 
cause of scuffles. Because of over-congestion, the ideal custodian ration of one prison 
officer for every seven inmates (1:7) is not achieved. The present custodial ratio is one 
prison officer for every sixty four inmates (1:64). Given this problem of over congestion 
in custodial facilities, it is necessary to create measures to immediately decongest out 
jails. 
This bill seeks to help alleviate the over-congestion in penal facilities by 
increasing the daily rate of subsidiary penalties from P8.00 to P350.00. By increasing the 
daily rate for subsidiary penalties, convicts are able to more quickly discharge any 
subsidiary penalties the courts may have imposed on them. This new amount is based on 


the minimum wage in the National Capital Region, as provided under Wage Order No. 
NCR-12. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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Third Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO AMEND ARTICLE 39 OF REPUBLIC ACT NO. 3815, 
OTHERWISE KNOWN AS THE PENAL CODE, AS AMENDED 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 39 of Republic Act. No. 3815, otherwise known as the Penal 
Code, as amended, is hereby amended to read as follows: 
“Art. 39. Subsidiary penal@. - 
If the convict has no property with 
which to meet the fine mentioned in the paragraph 3 of the nest preceding 
article, he shall be subject to a subsidiary personal liability at the rate of 
one day for EVERY THREE HUNDRED AND FIFTY PESOS (P350.00), 
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 thanprision 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 o f  time established in the preceding rules, 
shall continue to suffer the same deprivations as those or 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 RA 
5465, April 21, 1969)” 


SECTION 2. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 3. Repealing Cluuse. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
RCC 11/30/06