What is subsidiary imprisonment?

Answer

Subsidiary imprisonment is served by a convict who has no property with which to pay a fine (Article 39). The convict undergoes additional confinement at the rate of one day for each amount equal to the highest minimum wage rate prevailing at the time of judgment — the rate set by Republic Act No. 10159, which replaced the old fixed "eight pesos" rate.

There are limits: subsidiary imprisonment cannot exceed one-third of the principal sentence and in no case more than one year; and no subsidiary imprisonment is imposed when the principal penalty is higher than prisión correccional.

Sources & further reading

• RPC Art. 39 — subsidiary penalty
• Full report: penalties under the RPC

Cases on this topic

• Felomino v. People
• Lacanilao v. CA
• Maclang v. De Lima
• People v. Amit
• People v. Benito
• People v. Beth Temporada
• People v. Dimalanta
• People v. Ducosin

Related questions

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• What are the penalties under the Revised Penal Code?
• How do mitigating and aggravating circumstances affect the penalty?
• What is the Indeterminate Sentence Law?