Subsidiary Imprisonment: Meaning
Quick answer
Subsidiary imprisonment is jail time that replaces a fine the convict cannot pay. Under Article 39 of the Revised Penal Code, a convict who has no property to pay the fine serves one day for each amount equal to the highest minimum wage rate in the Philippines at the time of the trial court's judgment. It has strict limits, and it does not apply at all when the main penalty is heavier than prision correccional.
Also called: Subsidiary penalty, Subsidiary personal liability
What does Article 39 say?
The opening paragraph, as amended by Republic Act No. 10159 (2012), reads:
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 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 the following rules:
The article does not state a peso amount per day. The rate follows the highest minimum wage rate prevailing when the trial court rendered the judgment. See the full explanation of Article 39.
What are the limits of subsidiary imprisonment?
Article 39 sets five rules:
- Prison and fine. If the principal penalty is prision correccional or arresto plus a fine, subsidiary imprisonment may not exceed one-third of the term of the sentence, and never more than one year. No fraction or part of a day is counted against the prisoner.
- Fine only. It may not exceed six months if the case was for a grave or less grave felony, and fifteen days if for a light felony.
- Heavier penalties. No subsidiary imprisonment is imposed when the principal penalty is higher than prision correccional.
- Penalties not served in prison. If the principal penalty is not served by confinement but has a fixed duration, the convict continues to suffer the same deprivations as the principal penalty during the subsidiary period.
- The fine stays. Serving subsidiary imprisonment because of insolvency does not relieve the convict from the fine if his or her finances improve.
Prision correccional and arresto are explained in prision correccional, arresto mayor and arresto menor.
Example
Made-up illustration: Toto is convicted of a light felony and sentenced only to a fine. He has no property and cannot pay. Under rule 2 of Article 39, his subsidiary imprisonment may not exceed fifteen days. If he later earns enough money, the fine can still be collected from him under rule 5.
For more, see Can you go to jail for an unpaid fine?
Which provisions use this term?
Frequently asked questions
What is subsidiary imprisonment in simple words?
It is jail time that replaces an unpaid fine. Under Article 39 of the Revised Penal Code, a convict who has no property to pay the fine is subject to a subsidiary personal liability instead.
How is subsidiary imprisonment counted?
At one day for each amount equal to the highest minimum wage rate prevailing in the Philippines when the trial court rendered the judgment of conviction, as amended by Republic Act No. 10159.
What is the longest subsidiary imprisonment?
When the sentence is prision correccional or arresto plus a fine, it may not exceed one-third of the term of the sentence and never more than one year. When the penalty is only a fine, it may not exceed six months for a grave or less grave felony, or fifteen days for a light felony.
Is there subsidiary imprisonment for serious crimes?
No. Article 39 says that when the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment is imposed.
Does serving subsidiary imprisonment cancel the fine?
No. Article 39 says the subsidiary liability suffered because of insolvency does not relieve the convict from the fine if his or her financial situation improves.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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