FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN ATE 
COMMITTEE REPORT NO," 
:1:3 
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'11 
MAY -9 P.3 :54 
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Submitted 
by 
the 
Committee 
on 
Justice 
and 
Human 
Rights 
on 
MAY - 9 2011 
Re: 
Senate Bill No. 
280 S 
---""-""-""--'''---'' 
Recommending its approval in substitution of Senate Bill Nos. 117, 1292,2317, 
2371 and 2695, taking into consideration House Bill No. 600 
Sponsor: Senator Escudero 
MR. PRESIDENT: 
The Coiumittee on Justice and Human Rights to which were referred Senate 
Bill No. 117, introduced by Senator Gregorio B. Honasan II, entitled: 
"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" 
S.No. 1292, 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" 


S.No. 2317, introduced 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 CASES OF INSOLVENCY" 
S.No. 2371, introduced by Senator Francis Escudero entitled: 
"AN ACT 
AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE" 
And S.No. 2695, introduced by Senator Ramon Revilla, Jr., entitled: 
"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" 
taking into consideration H.No. 600, introduced by Reps. Rodriguez, R.; Rodriguez, 
M., et al., entitled: 
"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" 


has considered the same and has the honor to report them back to the Senate with 
the recommendation that the attached Senate Bill No. l 
2808 
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. 117, 1292,2317,2371 and 2695, 
taking into consideration House Bill No. 600 with Senators 
Honasan, Villar, 
Defensor-Santiago, Escudero, and Revilla as authors thereof. 


Respectfully submitted: 
SEN. FRANCIS G. ESCUDERO 
Chairman, 
Committee on Justice and Human Rights 
o GUINGONA III 
'cc Chairman, 
Committee on Justice and Human Rights 
MEMBERS: 
I NAA bz 
SEN. SERGIO R. OSMENA III 
~~~ 
SEN. ANTONIO F. TRILLANES IV 
SEN. MANNY ILLAR 
~:::::::=~::~-~;~~:~"?:::~~~~> 
SEN~LOREN B. LEGARDA 
SEN. 
VILLA, JR. 
SEN. ~ NKLIN M. DRILON 
\ 
/~ 
SEN. JOKER P. ARROYO 


Ex-Officio Members: 
SEN.~ANO 
Senate Minority Floor Leader 
HON. JUAN PONCE ENRILE 
Senate President 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. ·2808 
'11 
MAY -9 P J :55 
Prepared by the Committee on Justice and Human Rights, with Senators Honasan, 
Villar; Defensor-Santiago, Escudero and Revilla as authors thereof. 
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 Republic of the 
Philippines in Congress assembled: 
1 
SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read 
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as follows: 
3 
u Article 39. Subsidiary Penalty - If the convict has no property with 
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which to meet the fine mentioned in paragraph 3 of the next 
5 
preceding article, he shall be subject to a subsidiary personal liability 
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at the Tate of one day for each [eight pesos] AMOUNT 
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EQUIVALENT TO THE HIGHEST MINIMUM WAGE RATE 
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PREVAILING IN THE PHILIPPINES AT THE TIME OF THE 
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RENDITION OF JUDGMENT OF CONVICTION BY THE TRIAL 
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COURT, subject to the following rules: 
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1. If the principal penalty imposed be prision correccional or arresto 
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and fine, he shall remain under confinement until his fine referred in 
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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. 


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II 
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3. When the principal penalty imposed is higher that pnslOn 
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 into law on April 21, 1969.) 
13 
SEC, 2. 
Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 3. 
Rr:pealing 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. 
20 
SEC. 4. 
Effectivity. - This Act shall take effect fifteen (15) days following its 
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publication in the Official Gazette or in two (2) newspapers of general circulation. 
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Approved,