negativa) EF4PTOC
7.6 Activación y salida trifásicas de la protección de fallo de interruptor CCRBRF
be subject to a subsidiary personal liability at the rate of one day for each eight
pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and
fine, he shall remain under confinement until his fine referred to in the preceding
paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third
of the term of the sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if
for a light felony.
3. When the principal imposed is higher than prision correccional, no
subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a
penal institution, but such penalty is of fixed duration, the convict, during the
period of time established in the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
5. 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. (As amended by RA 5465, April 21, 1969.)
• There is no subsidiary penalty for non-payment of reparation, indemnification and costs in par 1, 2 and 4 of Art 38. It is only for fines.
Article 39 deals with subsidiary penalty. There are two situations there:
(1) When there is a principal penalty of imprisonment or any other principal penalty and it carries with it a fine; and
(2) When penalty is only a fine.
Therefore, there shall be no subsidiary penalty for the non-payment of damages to the offended party. • Art 39 applies only when the convict has no property with which to meet the fine in par 3 of
art 38. Thus, a convict who has property enough to meet the fine and not exempted from execution cannot choose to serve the subsidiary penalty instead of the payment of the fine. * In People v. Subido, it was held that the convict cannot choose not to serve, or not to pay the fine and instead serve the subsidiary penalty. A subsidiary penalty will only be served if the sheriff should return the execution for the fine on the property of the convict and he does not have the properties to satisfy the writ.
• Subsidiary imprisonment is not an accessory penalty. It is covered by Art 40-45 of this Code. Accessory penalties are deemed imposed even when not mentioned while subsidiary imprisonment must be expressly imposed.
* A subsidiary penalty is not an accessory penalty. Since it is not an accessory penalty, it must be expressly stated in the sentence, but the sentence does not specify the period of subsidiary penalty because it will only be known if the convict cannot pay the fine. The sentence will merely provide that in case of non-payment of the fine, the convict shall be required to save subsidiary penalty. It will then be the prison authority who will compute this. If the judgment is silent, he cannot suffer any subsidiary penalty. • Rules:
PENALTY IMPOSED LENGTH OF SUBSIDIARY PENALTY
Prision correccional or arresto and fine Not exceed 1/3 of term of sentence, in no case more than 1 year fraction or part of a day not counted.
Fine only Not to exceed 6 months if prosecuted for grave
or less grave felony, not to exceed 15 days if prosecuted for light felony
Higher than prision correccional No subsidiary imprisonment Not to be executed by confinement but of
fixed duration
Same deprivations as those of the principal penalty under rules 1, 2 and 3 above
(1) If the subsidiary penalty prescribed for the non-payment of fine which goes with the principal penalty, the maximum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. But this will only be true if the one year period is higher than 1/3 of the principal penalty, the convict cannot be made to undergo subsidiary penalty more than 1/3 of the duration of the principal penalty and in no case will it be more than 1 year - get 1/3 of the principal penalty - whichever is lower.
(2) If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty imposed be fine only, which is a single penalty, that means it does not go with another principal penalty, the most that the convict will be required to undergo subsidiary imprisonment is six months, if the felony committed is grave or less grave, otherwise, if the felony committed is slight, the maximum duration of the subsidiary penalty is only 15 days.
* Do not consider the totality of the imprisonment the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be required to serve under the Three-Fold Rule. If the totality of the imprisonment under this rule does not exceed six years, then, even if the totality of all the sentences without applying the Three-Fold Rule will go beyond six years, the convict shall be required to undergo subsidiary penalty if he could not pay the fine.
• If financial circumstances improve, convict still to pay the fine even if he has suffered subsidiary personal liability.
• the penalty imposed must be PC, AM, Am, suspension, destierro and fine only. – other than these (PM, RT, RP) court cannot impose subsidiary penalty.
• Even if the penalty imposed is not higher than PC, if the accused is a habitual delinquent who deserves an additional penalty of 12 yrs and 1 day of RT, there is no subsidiary imprisonment.
* Subsidiary imprisonment can be applied to the fine imposed for violation of special penal laws. This is authorized by Art. 1732 and by Art. 10 which makes the Revised Penal Code applicable to special laws.