THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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S E N A T E  
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Revised Penal Code, Article 39, lSt paragraph provides: 
“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, x x x” 
It is clear that if the convict has no property to pay the fine, he will have 
to suffer subsidiary imprisonment at the rate of one day for each P8.00 which 
he cannot pay. 
The rate for subsidiary imprisonment is no longer realistic considering 
that the basis 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 with the current minimum wage, the rate for subsidiary imprisonment 
must be increased from P8.00 to at least P200.00. 
This proposed amendment will inure to the benefit of the convict. From a 
measly sum of P8.00, his subsidiary imprisonment will now be at the rate of 
one day for each P200.00 which he cannot pay. The difference of P192.00 is 
substantial. It means a considerable reduction of number of days of subsidiary 
imprisonment in the event a convict does not have a property to pay the fine. 
Hence, this bill seeks to adjust the amount of subsidiary imprisonment 
that a convict has to suffer from “one day for each P8.00” to “one day for each 
P200.00” which he cannot pay. 
Immediate enactment of this bill is earnestly sought. 
LUISA “LOI” 
EJERCITO ESTRADA 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
First Regular Session 
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1 8 & 
S.B. No. 
Introduced by Senator LUISA "LOI" P. EJERCITO ESTRADA 
AN ACT 
AMENDING ACT NO. 3815, ALSO KNOWN AS 
THE REVISED PENAL CODE, AS AMENDED, ARTICLE 3 9 ,  1ST PARAGRAPH, 
ON SUBSIDIARY PENALTY 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Article 39, first paragraph of Act No. 3815, also known 
as the Revised Penal Code, as amended, 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 [eight] TWO 
HUNDRED pesos, subject to the following rules: 
x x X" 
SECTION 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. 
SECTION 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. 
SECTION 4. Effectivity. - This act shall take effect fifteen (15) days 
following its publication in two (2) newspapers of genera1 circulation. 
Approved.