Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical Injuries, and accordingly, was sentenced to suffer the penalty of imprisonment for an indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years, two (2) months, and one (1) day of prision correccional, as maximum. He was also ordered to pay the victim actual damages in the amount of ₱50,000.00, with subsidiary imprisonment in case of insolvency.
Was the imposition of subsidiary imprisonment proper? Explain. (3%)
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No, the imposition of subsidiary imprisonment was improper. Under Article 39 of the Revised Penal Code, as amended by R.A. No. 10159, subsidiary imprisonment is a personal liability imposed solely in case of insolvency to
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Quick check
Under Article 39 of the Revised Penal Code as amended by RA 10159, when may subsidiary imprisonment be imposed?
Subsidiary imprisonment is a personal liability imposed exclusively when an insolvent convict fails to pay a fine.
Can subsidiary imprisonment be validly imposed for failure to pay actual damages awarded to a victim?
Subsidiary imprisonment cannot be imposed for failure to pay civil damages such as actual damages.
What is the statutory rate for serving subsidiary imprisonment under Article 39 as amended by RA 10159?
RA 10159 sets subsidiary imprisonment at one day per highest prevailing minimum daily wage rate.
What is the proper remedy if a trial court improperly imposes subsidiary imprisonment for failure to pay civil damages?
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How are civil liabilities enforced against a convict who is insolvent and unable to pay actual damages?
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Learn more about these topics
1. Subsidiary Imprisonment Nature
Under Article 39 of the Revised Penal Code, as amended by Republic Act No. 10159, subsidiary imprisonment is a subsidiary personal liability imposed upon a convict who has no property with which to meet a fine. It serves as an alternative form of satisfaction strictly for pecuniary fines imposed as principal or accessory penalties under penal laws. It is not an independent penalty but an accessory obligation dependent entirely on the existence and non-payment of a fine due to insolvency.
2. Inapplicability to Damages
Subsidiary imprisonment applies exclusively to monetary fines and can never be imposed for failure to satisfy civil liabilities. Civil liabilities include restitution, reparation of damage caused, and indemnification for consequential damages, such as actual or moral damages awarded to the victim. Subjecting an insolvent convict to subsidiary imprisonment for failure to pay civil damages violates Article 39 and constitutes an illegal penalty, as civil liability must be enforced through civil execution against property rather than deprivation of liberty.
3. RA 10159 Amendments
Republic Act No. 10159 updated Article 39 of the Revised Penal Code to align the rate of subsidiary imprisonment with prevailing economic conditions. Under the amended provision, subsidiary imprisonment is served at the rate of one day for each amount equivalent to the highest minimum daily wage rate prevailing in the Philippines. However, RA 10159 maintained the fundamental principle that subsidiary imprisonment attaches solely to unpaid fines, explicitly excluding failure to pay indemnities or civil damages.