Full Title
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Date of Approval
April 10, 2012

Legislative History

Legislative History
Entitled:
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
[ FIRST REGULAR SESSION, 15TH CONGRESS ]
[ 2011 ]
5/9/2011 Prepared and submitted by the Committee on JUSTICE AND HUMAN RIGHTS with Senator(s) GREGORIO B. HONASAN II, MANNY VILLAR, MIRIAM DEFENSOR SANTIAGO, FRANCIS "CHIZ" G. ESCUDERO and RAMON A. REVILLA JR. as author(s) per Committee Report No. 33, recommending its approval in substitution of SNos. 117, 1292, 2317, 2371, and 2695, taking into consideration HBN-600;
5/10/2011 Committee Report Calendared for Ordinary Business;
5/10/2011 Sponsor: Senator FRANCIS "CHIZ" G. ESCUDERO;
5/10/2011 Transferred from the Calendar for Ordinary Business to the Calendar for Special Order;
5/10/2011 Sponsorship speech of Senator FRANCIS "CHIZ" G. ESCUDERO;
5/16/2011 Period of interpellation closed;
5/16/2011 Period of amendment closed;
5/16/2011 Approved on Second Reading without Amendment;
5/17/2011 Printed Copies were distributed to the Senators;
5/23/2011 Approved on Third Reading:
In favor (18): Senators ARROYO, CAYETANO (A.), DEFENSOR SANTIAGO, DRILON, EJERCITO ESTRADA, ESCUDERO, ENRILE, GUINGONA III, HONASAN, LACSON, LAPID, LEGARDA, OSMENA, PANGILINAN, REVILLA, JR., SOTTO III, TRILLANES IV, and ZUBIRI;
5/23/2011 Against: N o n e;
5/23/2011 Abstention: N o n e;
5/25/2011 Sent to the House of Representatives requesting for concurrence;
[ 2012 ]
2/7/2012 House of Representatives adopted SBN-2808 as an amendment to HBN-600 on January 30, 2012;
2/28/2012 Enrolled copies of the consolidated version of SBN-2808 and HBN-600 sent to the House of Representatives for the signature of the Speaker and the Secretary General;
3/6/2012 Enrolled copies of the consolidated version of SBN-2808 and HBN-600, received by the Senate which were signed by the Speaker and the Secretary General of the House of Representatives;
5/8/2012 Approved and signed into law by the President of the Philippines, His Excellency President Benigno S. Aquino III on April 11, 2012 and became;
5/8/2012 REPUBLIC ACT NO. 10159

Committees

Committee Report No.
33

Other Details

Issuance Category
Legislative Issuance Type
Approval Note
Approved by the President on April 10, 2012 Origin: Senate
Amendment Note
ACT 3815, art. 39
Related to Note
RA 5465

Official Gazette

Official Gazette Source
Official Gazette vol. 108 no. 22 page 2608 (May 28, 2012)

Newspaper Source Detail

Newspaper Source
Manila Bulletin (April 17, 2012)

Full Text of Issuance

S. No. 2808 H. No. 600; 108 OG No. 22, 2608 (May 28, 2012); Manila Bulletin; Philippine Star, April 17, 2012

[ REPUBLIC ACT NO. 10159, April 10, 2012 ]

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read as follows:

“Art. 39. Subsidiary Penalty. – 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:“1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under confinement until his fine referred 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 fight felony.“3. When the principal penalty imposed is higher than prision correctional, 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 Republic Act No. 5465, which lapsed into law on April 21, 1969.)

SEC. 2. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.SEC. 3. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders or rules and regulations which may be inconsistent with this Act shall be deemed repealed, amended or modified accordingly.SEC. 4. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2808 and House Bill No. 600 was finally passed by the Senate and the House of Representatives on May 23, 2011 and January 30, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General House of Representatives Secretary of the Senate

Approved: April 10, 2012

(Sgd.) BENIGNO SIMEON C. AQUINO III
President of the Philippines

Source: Supreme Court E-Library | Date created: March 29, 2019

Source: Supreme Court E-Library

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