Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code)
Republic Act No. 5465, enacted on April 21, 1969, amends Article 39 of the Revised Penal Code (Act No. 3815) by increasing the daily rate for subsidiary penalties from two pesos and fifty centavos to eight pesos. This act specifies that if a convict cannot pay a fine, they may face subsidiary personal liability, with restrictions on the duration of imprisonment based on the nature of the principal penalty. The subsidiary imprisonment can extend up to one-third of the original sentence but cannot exceed one year, while different limits apply depending on the severity of the felony. Additionally, any improvement in the convict's financial situation does not absolve them from the fine owed. The law took effect upon its approval and was published in the Official Gazette.
Quick Answers
- What is Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code) about?
- Republic Act No. 5465, enacted on April 21, 1969, amends Article 39 of the Revised Penal Code (Act No. 3815) by increasing the daily rate for subsidiary penalties from two pesos and fifty centavos to eight pesos. This act specifies that if a convict cannot pay a fine, they may face subsidiary personal liability, with restrictions on the duration of imprisonment based on the nature of the principal penalty. The subsidiary imprisonment can extend up to one-third of the original sentence but cannot exceed one year, while different limits apply depending on the severity of the felony. Additionally, any improvement in the convict's financial situation does not absolve them from the fine owed. The law took effect upon its approval and was published in the Official Gazette.
- What type of law is Republic Act No. 5465?
- Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code) (Republic Act No. 5465) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code) enacted?
- Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code) (Republic Act No. 5465) was enacted on Apr 21, 1969.
- What is the citation for Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code)?
- Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code), Republic Act No. 5465, Apr 21, 1969 (Philippines)
Law Information
- Reference Number
- Republic Act No. 5465
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 21, 1969
REPUBLIC ACT NO. 5465
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815 (REVISED PENAL CODE) INCREASING THE RATE PER DAY OF SUBSIDIARY PENALTY FROM TWO PESOS AND FIFTY CENTAVOS TO EIGHT PESOS
SECTION 1. Article 39 of Act 3815, otherwise known as the Revised Penal Code, is hereby 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 eight pesos, subject to the following rules: cdt
"1. If the principal penalty imposed be prision correccional 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 by 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 penalty 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." acd
SECTION 2. This Act shall take effect upon its approval.
Enacted into law without executive signature on April 21, 1969.
Published in the Official Gazette, Vol. 65, No. 39, p. 10194-Q on September 29, 1969
Cite This Law
Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code), Republic Act No. 5465, Apr 21, 1969 (Philippines)
Amendment to Art. 39 of Act No. 3135 (The Revised Penal Code), Republic Act No. 5465 (Phil. 1969)
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