People v. Fajardo

Summary

This case involved Pascual Fajardo who was convicted of damage to property through reckless imprudence and sentenced to pay a fine. When found insolvent and unable to pay, the question arose whether he could be compelled to serve subsidiary imprisonment despite not being explicitly sentenced to it. The Supreme Court affirmed the trial court's ruling that subsidiary imprisonment could not be automatically imposed. The Court held that under Articles 39 and 78 of the Revised Penal Code and due process requirements of the Jones Law, no penalty may be executed except by virtue of a final judgment. Since the judgment did not explicitly impose subsidiary imprisonment, compelling the accused to serve it would violate due process. The decision established that subsidiary imprisonment must be specifically stated in the judgment, not automatically applied upon insolvency.