Article 39 Flashcards
Title of Art. 39 of the RPC
Subsidiary Penalty
What is subsidiary penalty?
It is a subsidiary personal liability to be suffered by the convict who has NO PROPERTY with which to meet the fine, at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the RENDITION OF JUDGMENT of conviction by the trial court, subject to rules provided for in Art. 39 of the RPC
Current highest minimum wage rate in the Philippines as of October 2024
Php 645 / day according to Wage Order No. NCR-25, effective from 17 July 2024
Can the accused be made to undergo susbisidary imprisonment in case of insolvency to pay the fine imposed when the subsidiary imprisonment is not imposed in the judgment of conviction?
No, for the accused to undergo subsidiary imprisonment, it must be included in the judgment of conviction
Under Art. 39, in which instances are there no subsidiary penalty for nonpayment? (3)
- Reparation of the damage caused
- Indemnification of the consequential damages
- Costs of the proceedings
When does Art. 39 of the RPC apply?
It is applicable only when the accused has NO PROPERTY with which to meet the fines mentioned in Par. 3 of Art. 38
Can the convict choose instead to undergo subsidiary imprisonment instead of paying the fine when they have enough property to pay the fine?
No, the convict cannot choose to serve the subsidiary penalty, instead of paying for the fine
English for cuando la pena impuesta
When the penalty imposed
Is subsidiary imprisonment an accessory penalty?
No, it is not an accessory penalty
Is subsidiary imprisonment covered under Articles 40-45 of the RPC?
No, since it is not an accessory penalty
Rules for subsidiary imprisonment (5)
- If the penalty imposed is PRISION CORRECCIONAL or ARRESTO AND FINE - subsidiary imprisonment SHALL NOT EXCEED 1/3 of the TERM OF THE SENTENCE, and SHALL NOT CONTINUE FOR MORE THAN 1 YEAR. Fraction or part of a day, not counted (round down always)
- When the penalty imposed is FINE ONLY - subsidiary imprisonment SHALL NOT EXCEED 6 MONTHS, if the culprit is prosecuted for GRAVE OR ELSS GRAVE FELONY, SHALL NOT EXCEED 15 DAYS, if prosecuted for LIGHT FELONY
- When the penalty imposed is HIGHER THAN PRISION CORRECCIONAL - NO SUBSIDIARY IMPRISONMENT
- If the penalty imposed is NOT TO BE EXECUTED BY CONFINEMENT BUT OF FIXED DURATION - subsidiary penalty shall consist in the SAME DEPRIVATION as those of the principal penalty, under the same rules as in No.’s 1, 2, and 3 above
- In case the FINANCIAL CIRCUMSTANCES of the convict, SHOULD IMPROVE, he SHALL PAY THE FINE, notwithstanding the fact that HE HAS ALREADY SERVED subsidiary imprisonment
When does rule 1 of Art. 39 apply?
Only to light and correctional penalties where imprisonment does not exceed 6 years.
For a fine or Php 100,000, what is the maximum number of days of subsidiary imprisonment assuming the highest daily minimum wage rate is Php 645?
155 Days
Is there subsidiary imprisonment if the fine is less than the highest minimum wage rate in the NCR?
No
When does rule 2 of Art. 39 apply?
Where there is only a FINE
What is controlling in rule 2 of Art. 39 with regards to the duration of the subsidiary penalty?
The classification of the felony whether it be grave or less grave felony, or light felony. This is important to determine whether the subsidiary penalty shall not exceed either 6 months or 15 days
Cases in which rule 4 of Art. 39 applies (2)
- Destierro
- Suspension
How is rule 4 of Art. 39 applied?
When the penalty imposed does not involve confinement suchas destierro, the fine shall be converted into an additional period of destierro at the rate of highest daily minimum wage rate per day at the time of rendition of the judgment
In order for subsidiary penalty to be imposed, these penalties must be imposed (6)
- Prision correccional
- Arresto mayor
- Arresto menor
- Suspension
- Destierro
- Fine only
Which penalties therein is subsidiary penalty not applicable? (3)
- Prision mayor
- Reclusion Temporal
- Reclusion Perpetua
Is the subsidiary penalty if penalty is six years? What about six years and one day?
Six years - Yes, because it is prision correccional
Six years and one day - No, because it becomes prision mayor
Should additional penalty for habitual delinquency be included in determining whether or not subsidiary penalty should be imposed?
Yes
What penalty determines if there can be subsidiary penalty? Penalty provided by the Code or penalty actually imposed by the Court?
Penalty actually imposed by the Court
Is there subsidiary penalty when the penalty imposed is not to be executed by confinement and has no fixed duration?
No, example of which is censure since it has no fixed duration
What do you mean by “the same deprivations as those of which the principal penalty consists”?
If the penalty imposed is imprisionment, the subsidiary penalty must be imprisonment also. If the penalty is destierro, the subsidiary penalty must be destierro also. If the penalty is suspension, the subsidiary penalty must be suspension also.
Is the convict who served the subsidiary penalty still required to pay the fine?
Yes
Is subsidiary imprisonment for the civil liability arising from a felony a violation of the constitutional provision against imprisonment for nonpayment of “debt”?
No, civil liability in a felony arises from a tort or a crime, hence, from law and not from a contract that is to be understood as “debt”. It does not violate the constitutional injunction.
Can there be subsidiary imprisonment under special laws?
Yes, unless the special law expressly provides the contrary
Is there subsidiary imprisonment for nonpayment of income tax?
No
Is subsidiary imprisonment essential in determining jurisdiction of courts?
No
Does the court need to include in their judgment that there is no subsidiary penalty when the penalty imposed is prision mayor?
No, it is not necessary when the law expressly forbids to impose subsidiary penalty as the case may be. A judgment which does not include said pronouncement is in accordanace with the law.
