I ,  ,. 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
!i,;i 
[r; 
First Regular Session 
1 
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 he 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 creates 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 (154). Given this problem of over congestion in custodial facilities, it is 
necessary to create measures to immediately decongest out jails. 
This hill 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 
couds 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.* 
IRIAM DEFE 
OR SANTIA 
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* This bill was originally filed during the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
- .  
., . 
OF THE PHILIPPINES 
1 
( 
I:;:: 10 
! ‘ I  
First Regular Session 
) 
/ 
SENATE 
%No. 1777 
w: 
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, ON THE DAILY RATE OF 
THE SUBSIDIARY PENALTY OF IMPRISONMENT IN CASE OF INSOLVENCY 
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 penalty. - 
If the convict has no property with which 
to meet the fine mentioned in the 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] 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. 
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3. When the principal imposed is higher than prision correecional, 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 RA 5465, April 21, 
1969).” 
SECTION 2. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder o f  the law or the provision not otherwise affected shall remain 
v,alid and subsisting. 
SECTION 3. Repealing Clause. - 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. E’eetivity 
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 
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