What Happens If You Cannot Pay a Court Fine?
Quick answer
If a person convicted of a crime is sentenced to pay a fine but has no property to pay it, he or she may have to serve jail time instead. This is called subsidiary imprisonment, under Article 39 of the Revised Penal Code. It is counted at one day for each amount equal to the highest minimum wage rate in the Philippines at the time of the judgment, and it has strict limits: never more than one year, and none at all when the main penalty is heavier than prision correccional.
What does Article 39 say?
The opening paragraph, as amended by Republic Act No. 10159 (2012):
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:
"Paragraph 3 of the next preceding article" refers to Article 38. When the convict's property is not enough for everything, it lists the order of payment: first the reparation of the damage caused, then indemnification of consequential damages, then the fine, then the costs of the proceedings.
How are the days counted?
One day of subsidiary imprisonment matches an amount equal to the highest minimum wage rate prevailing in the Philippines when the trial court rendered the judgment. The article does not state a peso figure, and minimum wage rates change, so the number of days for a given fine depends on the rate at the time of the judgment. Under rule 1, "no fraction or part of a day shall be counted against the prisoner".
What are the limits?
| Principal penalty imposed | Limit |
|---|---|
| Prision correccional or arresto, plus a fine | Not more than one-third of the term of the sentence, and in no case more than one year |
| A fine only, for a grave or less grave felony | Not more than six months |
| A fine only, for a light felony | Not more than fifteen days |
| Higher than prision correccional | No subsidiary imprisonment |
| A penalty of fixed duration not served by confinement in a penal institution | During the periods set in the rules above, the convict continues to suffer the same deprivations as those of the principal penalty |
A light felony is one punished by arresto menor or a fine not exceeding ₱40,000, or both (Article 9 as amended by Republic Act No. 10951). Rule 3 reads:
- When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.
Does the fine disappear after serving the time?
No. Rule 5 keeps the fine alive:
- 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.
Is this the same as going to jail for a debt?
No. Subsidiary imprisonment applies only to a fine imposed in a judgment of conviction for a crime. It is not a remedy for collecting an ordinary loan. See can you go to jail for unpaid debt?
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Joy is convicted of a light felony and sentenced only to a fine. She has no property to pay it. Her subsidiary imprisonment cannot go beyond fifteen days.
Mario is sentenced to arresto mayor and a fine, and cannot pay the fine. His subsidiary imprisonment cannot be more than one-third of his jail sentence, and never more than one year.
Vic is sentenced to prision mayor and a fine. The principal penalty is higher than prision correccional, so rule 3 says no subsidiary imprisonment is imposed. The fine remains part of the judgment.
Are there other options instead of jail?
For short penalties of arresto menor or arresto mayor, the court may, in its discretion, allow the convict to serve the penalty through community service under Article 88-A. See community service instead of jail. Probation is a separate remedy under its own law; see probation in the Philippines.
When do you need a lawyer?
Talk to a lawyer when a judgment imposes a fine you cannot pay, to check the limits that apply to your sentence and whether probation or another remedy may be available. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
Can you go to jail for not paying a court fine in the Philippines?
Yes, in some cases. Under Article 39 of the Revised Penal Code, a convict who has no property to pay a fine serves subsidiary imprisonment instead, within the limits set by the article. It does not apply when the principal penalty is higher than prision correccional.
How many days of jail for an unpaid fine?
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. The article does not print a peso figure.
What is the longest subsidiary imprisonment?
When the penalty is prision correccional or arresto plus a fine, it cannot exceed one-third of the sentence and never more than one year. When the penalty is a fine only, it cannot exceed six months for a grave or less grave felony, or fifteen days for a light felony.
Do I still owe the fine after serving subsidiary imprisonment?
Yes. Article 39, rule 5, says that subsidiary imprisonment does not relieve the convict from the fine if his financial circumstances improve.
Is subsidiary imprisonment the same as jail for an unpaid debt?
No. Subsidiary imprisonment applies only to a fine imposed in a criminal conviction. An ordinary unpaid loan is a different matter, explained on our page on going to jail for unpaid debt.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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