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FIFTEENTfI CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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), 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 
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. 
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. l 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session 
1 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 C !lUG -3 Ale :21\ 
SEN.h.IE 
S. No. 
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Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
TO AMEND ARTICLE 39 OF REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS THE 
3 
PENAL CODE, AS AMENDED, ON THE DAILY RATE OF THE SUBSIDIARY PENALTY 
4 
OF IMPRISONMENT IN CASE OF INSOLVENCY 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
5 
SECTION 1. Article 39 of Republic Act. No. 3815, otherwise known as the Penal Code, 
6 
as amended, is hereby amended to read as follows: 
7 
"Art. 39. Subsidiary penalty. - If the convict has no property with which to 
8 
meet the fine mentioned in the paragraph 3 of the next preceding article, he shall 
9 
be subject to a subsidiary personal liability at the rate of one day for [each eight 
10 
pesos] EVERY THREE HUNDRED AND FIFTY PESOS (P350.00), subject to 
11 
the following rules: 
12 
I. If the principal penalty imposed be prision correccional or arresto and 
13 
fine, he shall remain under confinement until his fine referred to in the preceding 
14 
paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third 
15 
of the term of the sentence, and in no case shall it continue for more than one 
16 
year, and no fraction or part of a day shall be counted against the prisoner. 
17 
2. When the principal penalty imposed be only a fine, the subsidiary 
18 
imprisonment shall not exceed six months, if the CUlprit shall have been 
19 
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if 
20 
for aJight felony. 
1 


1 
3. When the principal imposed is higher than prision correctional, no 
2 
subsidiary imprisomnent shall be imposed upon the culprit. 
3 
4. If the principal penalty imposed is not to be executed by confinement in 
4 
a penal institution, but such penalty is of fixed duration, the convict, during the 
5 
period of time established in the preceding rules, shall continue to suffer the same 
6 
deprivations as those of which the principal penalty consists. 
7 
5. The subsidiary personal liability which the convict may have suffered 
8 
by reason of his insolvency shall not relieve him, from the fine in case his 
9 
financial circumstances should improve. (As amended by RA 5465, April 21, 
10 
1969)." 
11 
SECTION 2. Separability Clause. - If any provision or part thereof, is held invalid or 
12 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
13 
valid and subsisting. 
14 
SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive 
15 
order, letter. of instruction, administrative order, rule or regulation contrary to, or inconsistent 
16 
with the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
17 
SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
18 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2