FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE-
.' 
J"1 
Senate Bill No-. 
117 
'RECEIVE" nv 
.... 
Introduced by Senator GREGORIO B. HONASAN II 
EXPLANATORY NOTE 
Article 39 of the Revised Penal Code states that: 
"If the convict has no property with which to meet the 
fine mentioned in paragraph 3 of the preceding Article, he 
shall be subjected to a subsidiary personal liability at the rate of 
one day for each eight pesos, subject to the following rules: 
"X X x" 
With the foregoing provision, it is clear that the subsidiary imprisonment is 
fixed at the rate of one (1) day for each eight pesos (P8.00) of the imposed 
fine. 
This proposed measure seeks to adjust the amount of subsidiary 
imprisonment which a convict has to suffer from "one day for eaen-P-87G}(f"--to-"ene 
(1) day for each P362.00". The reason for the adjustment is necessitated by 
the fact that the current rate of "one (1) day for each PS.OO" subsidiary 
imprisonment is no longer realistic and practical considering that the basis 
thereof was the minimum wage prevailing at the time Article 39 of the Revised 
Penal Code was amended by Republic Act No. 5465 in April 1969. To conform to 
the current minimum wage, the subsidiary imprisonment must be increased from 
PS.OO to at least P362.00. 
If enacted, this legislative proposal will benefit both the government and the 
inmates/convict. From a measly sum of PS.OO, an inmate's/convict's subsidiary 
imprisonment will.now.be at .the rate .ofone(1) day .for each P362.00. The 
difference of P354.00 is truly substantial since this would mean a considerable 
reduction of number of days of subsidiary imprisonment in the event that a convict 
does not have property to pay the fine. 
To illustrate, if an inmate/convict was sentenced to pay a fine of 
Pi ,000.00 and he has no property to pay the same, under this proposed bill, 
he/she shall suffer a subsidiary imprisonment of only two (2) days (Pi ,000.00 
divided by P362.00), instead of one hundred and tw 
y five days (125) days 
(Pi ,000.00 divided by PS.OO). Thus, this will also help 
ongest our already over-
crowded jails .. 
The immediate approval of this bill is therefor'lU<-e_'I' JM: 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
} 
OF THE PHILIPPINES 
} 
First Regular Session 
} 
SENATE 
S. No. 117 
Introduce!! by SENATOR GREGORIO B. HONASAN II 
AN ACT 
ADJUSTING THE SUBSIDIARY IMPRISONMENT 
FROM ONE DAY FOR EACH P8.00 
TO ONE DAY FOR EACH P362.00, 
AMENDING FOR THE PURPOSE ARTICLE THIRTY NINE 
OF THE REVISED PENAL CODE OF THE PHILIPPINES, 
AS AMENDED. 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
CHAPTER I 
INTRODUCTORY PROVISIONS 
SECTION 1. 
The first paragraph of Article Thirty-Nine of the 
Revised Penal Code, which provides, 
"Article 39. Subsidiary Penalty -
If the convict has no 
property with which to meet the fine mentioned in paragraph 
3 of th.e next preceding article, he shall be subject to a 
subsidiary personal liability at the rate of one day for each 
eight pesos, subj!,!ct to the following 'rules: 
xxx 
is hereby 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 
THREE HUNDRED SIXTY TWO PESOS (P362.00), subject 
to the following rules: 
xxx 
SECTION 2. All laws, orders, decrees and other issuances or parts 
thereof which are inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 


SECTION 3. This act shall take effect fifteen (15) days after its 
publicatiDn in two (2) 
newspapers of general circulation in the 
Philippines. 
APPROVED,