Article 13 – Mitigating Circumstances – those
When two of the three
which, if present in the commission of the crime, do
not entirely free the actor from criminal liability, but
serve only to reduce the penalty.
ORDINARY VS. PRIVILEGE CIRCUMSTANCE:
Ordinary – Governed by art. 13 in relation to art. 64;
Presence, if not off-set by aggravating circumstance,
has the effect of applying the penalty in its minimum
period; Can be off-set by aggravating circumstance
Privilege – Subject to art. 13 in relation to art. 68 &
69; Presence has the effect of reducing the penalty
one or two degrees lower; Not subject to the off-set
rule.
Special Mitigating Circumstance – Presence of 2 or
more mitigating circumstances have the effect of
reducing the penalty one degree lower (Article 64 [5]
provided that there is no aggravating circumstances)
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify the
act or to exempt from criminal liability in the
respective cases are not attendant.
 Self-defense, Defense of relatives, Defense
of stranger, State of necessity, Performance
of duty, Obedience to order of superior,
Minority above 15 but below 18yrs of age,
Causing injury by mere accident and
Uncontrollable fear.
*Note: Article 13, paragraph 1, applies only when
unlawful aggression is present, but the other two
requisites are not present.
requisites mentioned therein are present, the case
must not be considered as one in which an ordinary or
generic mitigating circumstance is present. Instead, it
should be considered a privileged mitigating
circumstance referred to in article 69 of RPC. (p.267)
2. That the offender is under eighteen years of age
or over seventy years. In the case of the minor,
he shall be proceeded against in accordance
with the provisions of article 80.
Elements:
 The child must be above 15years (15 years
and 1 day) but below 18 years of age.
 The child must have acted with discernment.
Seniority – ordinary mitigating circumstance
3. That the offender had no intention to commit so
grave a wrong as that committed.
PRAETER INTENTIONEM (Injurious result is greater
than that intended.)
Elements:
 Offender committed an intentional felony
 The wrongful act done, which is graver that
that intended, is the direct, natural and
logical consequence of the felony committed
by the offender.
Case: People vs. Jaurigue, GR No. 384
Held: When the deceased placed his hand on
the right thigh of the appellant, the latter
 stabbed the former. Appellant merely wanted to
punish the offending hand of the deceased with
her knife, as shown by the fact that she inflicted
upon him only ONE SINGLE wound. Mitigating
circumstance of lack of intention to commit so
grave a wrong as that actually committed
should be considered in her favor.
*Note: Art. 13, par. 3, not applicable when offender
employed brute force. (People vs. Yu)
- Lack of intention to commit so grave a wrong,
mitigating in robbery with homicide. p.282 (People vs.
Abueg; Force entry through a door which is closed,
where the deceased was behind it, but no clear
showing that they desired to kill.)
-Appreciated in murder qualified by circumstances
based on manner of commission, not on state of mind
of accused. (People vs. Enriquez)
Facts: Several accused decided to have a foreman
beaten up. The deed was accomplished. But the victim
died as a result of hemorrhage. It was not the
intention of the accused to kill the victim.
Held: Mitigating circumstance that the offender had no
intention to commit so grave a wrong as that
committed is based on the state of mind of the
offender.
-Not appreciated in murder qualified by treachery.
-Applied in Malversation of Public Funds.
-Lack of intent to kill, not mitigating in physical
injuries. Mitigating when the victim dies where the
accused is guilty of the resulting death but is entitled
to the mitigating circumstances of no intention to
commit so grave a wrong as that committed.
Not applicable: (1) culpable felonies; negligence (2)
felonies where intention is not material. Ex.
Unintentional abortion (3) felonies not resulting to
physical injuries or material harm (4) anti-hazing law
4. That sufficient provocation or threat on the part
of the offended party immediately preceded the
act.
SUFFICIENT PROVOCATION
Elements:
 That the provocation must be sufficient
 There must be provocation on the part of the
offended party
 Provocation must immediately precede the
criminal act committed by the offender
SUFFICIENT THREAT
Elements:
 The threat must be sufficient
 There must be a threat on the part of the
offended party
 The threat must immediately precede the
criminal act committed by the offender

5. That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, descendants, legitimate, natural or
adopted brothers or sisters, or relatives by
affinity within the same degrees.
Elements:
 That there be a grave offense done to the
one committing the felony, his spouse,
ascendants, descendants, legitimate, natural
or adopted brother or sisters, or relative by
affinity within the same degrees.
 That the felony is committed in vindication of
such grave offense. A lapse of time is
allowed between vindication and the doing of
the grave offense.
Composure test: If the conduct of the accused after
the victim perpetrated grave offense but prior to
the commission of the crime will show that he
already regained his composure, the crime will not
be considered to have been committed in
proximate vindication of the grave offense.
Case: US vs. Ampar
Held: The offense which the accused was
endeavoring to vindicate would to an average
person be considered as a mere trifle. But since to
this defendant, an old man, it evidently was a
serious matter to be made the butt of a joke in the
presence of so many guests, it is proper to give the
defendant the benefit of this mitigating
circumstance.
Case: People vs. Ignas
Held: The lapse of two weeks between his
discovery of his wife’s infidelity and the killing of
her supposed paramour no longer be considered
proximate. The passage of fortnight is more than
sufficient time for appellant to have recovered his
composure and assuaged the unease of his mind.
Case: People vs. Benito
Held: The six hour interval between alleged grave
offense committed by the victim against Benito and
the assassination was more than sufficient to
enable Benito recovered his serenity.
Case: People vs. David
Held: Aside from the fact that the provocation
should immediately precede the commission of the
offense, it should also be proportionate to the
damage caused by the act and adequate to stir one
to its commission. The remark attributed to the
deceased that the daughter of the accused is a flirt
does not warrant and justify the act of accused in
slaying the victim.
*Note: Applies to grave offense committed against
surviving spouse of deceased relative.
 Distinguish: Provocation vs. Vindication
Provocation – made directly only to the person
committing the felony; the cause that brought
about the provocation need not be a grave offense.
Vindication – the grave offense may be committed
also against the offender’s relatives; the offended
party must have done a grave offense to the
offender or his relatives.
6. That of having acted upon an impulse so
powerful as naturally to have produced passion
or obfuscation.
PASSION OR OBFUSCATION
Elements:
 The victim perpetrated unlawful or unjust act
which produced passion or obfuscation
 Passion must arise from lawful sentiment of
the offender and not from spirit of
lawlessness or revenge
 The passion or obfuscation caused loss of
control and reason on the part of the
offender
 The length of time between the perpetration
of the act that produced passion and the
commission of the crime must not be
considerable enough for the accused to
recover his equanimity.
Case: US vs. Hicks
Held: Passion must arise from lawful sentiments; loss
of control must originate from legitimate feelings, not
those which arise from vicious, unworthy and immoral
passions.
Case: Sanico vs. CA
Held: Accused in raping the victim acted in the spirit of
lawlessness and succumbed to the uncontrollable
passion of his bestial instinct because the former finds
himself in a secluded place with the latter, a young
ravishing woman almost naked.
Case: US vs. Dela Cruz
Held: Accused in the heat of passion, killed the
deceased, who had therefore been his querida
(concubine) upon discovering her in flagrante in carnal
knowledge with a mutual acquaintance. *Difference
from Hicks: In dela cruz, impulse upon which
defendant acted and which naturally produced passion
and obfuscation was that the woman declined to have
illicit relation with him, but the sudden revelation that
she was untrue to him, and his discovery of her in
flagrante in the arms of another*
*Note: Exercise of a right or fulfillment of duty is not
proper source of passion or obfuscation.
-No passion or obfuscation after 24 hours, or several
hours or half an hour.
-Obfuscation, when relationship is illegitimate, is not
mitigating.
-May passion or obfuscation lawfully arise from causes
existing only in the honest belief of the offender? YES
p.308
-Provocation and obfuscation arising from one and the
same cause should be treated as only one mitigating
circumstance. p.309
-Vindication of grave offense cannot co-exist with
passion and obfuscation.
-Passion or obfuscation incompatible with treachery
-Passion or obfuscation cannot co-exist with evident
premeditation.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt
before the court prior to the presentation of the
evidence for the prosecution.
VOLUNTARY SURRENDER
Elements:
 The offender has not actually been arrested
 The offender surrendered himself to a person
in authority of the latter’s agent
 The surrender was voluntary (unconditional
and spontaneous)
*Note: A surrender to be voluntary must be
spontaneous, showing the intent of the accused to
submit himself unconditionally to the authorities,
either:
-because he acknowledge his guilt or because he
wishes to save the authorities the trouble and
expenses necessarily incurred in his search and
capture.
VOLUNTARY CONFESSION
Elements:
 The accused spontaneously confessed his guilt
 The confession of guilt was made in open
court
 The confession was made before a competent
court trying the case
 The confession of guilt was made prior to the
presentation of evidence by the prosecution.
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which
thus restricts his means of action, defense, or
communications with his fellow beings.
9. Such illness of the offender as would diminish
the exercise of the will-power of the offender
without however depriving him of the
consciousness of his acts.
ILLNESS
Basis: Diminution of intelligence and intent
Elements:
 The offender is suffering from illness
  Such illness must diminish the exercise of syndrome only as mitigating circumstance that
the will-power of the offender diminishes the will power.
 Such illness should not deprive the offender
of consciousness of his acts

*Note: Diseased mind, not amounting to insanity, may

give place to mitigation; illness of the mind

10. Any other circumstances of a similar nature

and analogous to those above mentioned.

A. Extreme Poverty

Elements:

 The economic condition of the accused must be

worst than that of a poor person
 That the accused was driven to commit by
reason of poverty
 The accused is charged with the crime against
property

B. Analogous to old age

C. Analogous to passion – outrage feeling of debtor

against creditor, outrage feeling of creditor against
debtor

D. Analogous to voluntary surrender – Restitution of

the property stolen by the accused or immediately
reimbursing the amount malversed

E. Analogous to an illness that diminishes the exercise

of will power – CASE: People vs. Marivic Genosa *The
Supreme Court appreciated the battered woman
Art. 15. Their concept. — Alternative circumstances
are those which must be taken into consideration as
aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication
and the degree of instruction and education of the
offender.
The alternative circumstance of relationship shall be
taken into consideration when the offended party in
the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by
affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into
consideration as a mitigating circumstances when the
offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent
to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be
considered as an aggravating circumstance.
Alternative circumstances:
1. Relationships
2. Intoxication
3. Degree of Instruction and Education of the
offender
RELATIONSHIP
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural or adopted brother or sister
e. Relative by affinity in the same degree of the
offender
INTOXICATION
 Mitigating – (1) if intoxication is not habitual (2)
if intoxication is not subsequent to the plan to
commit a felony
 Aggravating – (1) if intoxication is habitual (2) if
it is intentional (subsequent to the plan to
commit a felony)
*Note: Section 27 of RA 9262; being under the
influence of alcohol, any illicit drug or any other mind-
altering substance shall not be a defense under this
article.
-Use of Dangerous drugs (section 25 of RA 9165);
whether the use of drugs is intentional or
unintentional; habitual or non-habitual, the
circumstance of under the influence of dangerous
drugs attending the commission of the crime is
AGGRAVATING.
DEGREE OF INSTRUCTION AND EDUCATION OF THE
OFFENDER
Mitigating when:
 The offender because of lack or low degree of
instruction and education could have fully
realized the consequence of his criminal act
 The crime must not be inherently wrong that
every man, schooled or ignorant, must have
known its immoral character.
Tests:  Trespass to dwelling

a. Schooling test and literacy test – OLD test -Relationship is exempting when:
b. Intelligence and knowledge test – not illiteracy
 Theft
alone but also lack of sufficient intelligence and
 Swindling or estafa
knowledge to fully realize the consequence of
 Malicious mischief
his criminal act are necessary.
-Relationship is aggravating when:
Inherently immoral nature of the crime: “Not
Mitigating”  When the offended party is a relative of a
higher degree than the offender
a. Crime against property
 The offender and the offended party are relative
b. Crime against person
of the same level, as killing a brother
c. Treason
 Crimes against chastity
d. Crime against chastity
 Crime against person resulted in the death of
Aggravating when: the victim who is a relative of a lower degree of
the offender
 The offender possessed a high degree of
instruction and education -Drunkenness must affect mental faculties; the
 Offender took advantage of such high degree of amount of wine taken must be of such quantity as to
education in committing the crime blur the offender’s reason and deprive him of self-
control
*Note: RA 9262 and RA 7610 – severe penalty by
reason of relationship -Presumption is that intoxication is accidental thus
when there is absence of proof to the contrary, it will
-Relationship of stepfather or stepmother and stepson
be presumed that intoxication is not habitual but
or stepdaughter is included by analogy as similar to
accidental.
that of ascendant and descendant.
-Lack of sufficient instruction is not mitigating when
-Relationship is mitigating in crime against property:
the offender is a city resident who knows how to sign
 Robbery his name.
 Usurpation
-It is for the trial court rather than the appellant court
 Fraudulent insolvency
to find and consider the circumstance of lack of
 Arson
instruction.
PERSONS CRIMINALLY LIABLE FOR FELONIES
Art. 16. Who are criminally liable. — The following
are criminally liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
*Note: In all crimes there are always two parties,
namely: active party (criminal) and passive party
(injured party)
-Only natural persons can be active subject of crime.
-Juridical persons are criminally liable under certain
special laws.
-Only the officers of the corporation who participated
either as principal, accomplice or accessory in the
commission of an act punishable by law are liable.
-Manager of partnership is liable even if there is no
evidence of his participation in the commission of the
offense.
-Corpse or animal cannot be passive subject.
Art. 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of the
act;
2. Those who directly force or induce others to commit
it;
3. Those who cooperate in the commission of the
offense by another act without which it would not have
been accomplished.
PRINCIPAL BY DIRECT PARTICIPATION
- Those who take a direct part in the execution of
the act.
PRINCIPAL BY INDUCEMENT/INDUCTION
- One who directly induces or forces another to
commit a crime
- The person being induced or forced must have
committed the crime either of the 2 kinds:
1. Directly forcing another to commit a crime
by using irresistible force or causing
uncontrollable fear (both exempting)
2. Directly induce another
*Note: Liability of the induced and inducer is
aggravated by reason of circumstance of reward,
promise or consideration. (Article 14, par. 11)
-there may be pecuniary or non-pecuniary
consideration
-Words of command – must be the determining cause
of the crime; must be so direct, so efficacious and so
powerful amounting to physical or moral coercion.
PRINCIPAL BY INDISPENSABLE COOPERATION 5. The material executor of the crime has no personal
reason to commit the crime.
- One who cooperates in the commission of the
offense by another act without which if would Art. 18. Accomplices. — Accomplices are those
not have been accomplished. persons who, not being included in Art. 17, cooperate
in the execution of the offense by previous or
*Note: if the act is dispensable – offender is liable only
simultaneous acts.
as an accomplice.
*Note: In case of doubt, the participation of the
-When there is a conspiracy, the act of one is the act
offender will be considered that of an accomplice
of all.
rather than that of a principal.
-A person in conspiracy with each other who desisted
-When the participation of an accused is not disclosed,
before the crime was committed by the others, is not
he is only an accomplice.
criminally liable.
-An accomplice does not have previous agreement or
-There could be no conspiracy to commit an offense
understanding or is not in conspiracy with the principal
through negligence.
by direct participation.
-Five requisites required for the person uttering the
-The wounds inflicted by and accomplice in crime
words of command be held liable as principal:
against person should not have cause the death of the
1. That the one uttering the words of command must victim.
have the intention of procuring the commission of the
-An accomplice may be liable for a crime different
crime.
from that which the principal committed.
2. That the one who made the command must have an
ascendancy or influence over the person who acted.

3. That the words used must be so direct, so

efficacious, so powerful as to amount to physical or
moral coercion.

4. The words of command must be uttered prior to the

commission of the crime
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. — Offenders
who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which
they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:

1. When they are recidivists or have been convicted

previously twice or more times of any crime; and

2. When upon being summoned for the execution of

their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he
has undergone preventive imprisonment. (As amended
by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which
the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
imprisonment. (As amended by E.O. No. 214, July 10,
1988).
*Note: There is preventive imprisonment when the
offense charged is nonbailable, or even if bailable, he
cannot furnish the required bail.
-Destierro constitutes “Deprivation of liberty”
-Accused shall be released immediately whenever he
has undergone preventive imprisonment for a period
equal to or more than the possible maximum
imprisonment for the offense charged.
Offenders not entitled to the full time or four-fifths of
the time of preventive imprisonment:
1. Recidivists or those convicted previously twice
or more times of any crime
2. Those who, upon being summoned for the
execution of their sentence, failed to surrender
voluntarily.
Art. 30. Effects of the penalties of perpetual or
temporary absolute disqualification. — The
penalties of perpetual or temporary absolute
disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and
employments which the offender may have held even
if conferred by popular election.
2. The deprivation of the right to vote in any election
for any popular office or to be elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned. In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2 and 3
of this article shall last during the term of the
sentence.
4. The loss of all rights to retirement pay or other
pension for any office formerly held.
Penalties:
1. Deprivation of public offices and employments,
even if by election.
2. Deprivation of right to vote or to be elected.
 3. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
4. Loss of right to retirement pay or pension for
any office formerly held.
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. — The
penalties of perpetual or temporal special
disqualification for public office, profession or calling
shall produce the following effects:
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar offices or
employments either perpetually or during the term of
the sentence according to the extent of such
disqualification.
Penalties:
1. Deprivation of public offices and employments,
even if by election.
2. Disqualification for holding similar offices or
employments perpetually or during the term of
sentence.
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage. — The perpetual
or temporary special disqualification for the exercise of
the right of suffrage shall deprive the offender
perpetually or during the term of the sentence,
according to the nature of said penalty, of the right to
vote in any popular election for any public office or to
be elected to such office. Moreover, the offender shall
not be permitted to hold any public office during the
period of his disqualification.
Penalties:
1. Deprivation of right to vote or to be elected to
any public office.
2. Cannot hold any public office during the period
of disqualification.
Art. 33. Effects of the penalties of suspension
from any public office, profession or calling, or
the right of suffrage. — The suspension from public
office, profession or calling, and the exercise of the
right of suffrage shall disqualify the offender from
holding such office or exercising such profession or
calling or right of suffrage during the term of the
sentence. The person suspended from holding public
office shall not hold another having similar functions
during the period of his suspension.
Penalties:
1. Disqualifications from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence.
2. If suspended from public office, the offender
cannot hold another office having similar
functions during the period of suspension.
Art. 34. Civil interdiction. — Civil interdiction shall
deprive the offender during the time of his sentence of
the rights of parental authority, or guardianship, either
as to the person or property of any ward, of marital
authority, of the right to manage his property and of
the right to dispose of such property by any act or any
conveyance inter vivos.
Penalties:
1. Deprivation of the rights of parental authority or
guardianship of any ward.
2. Deprivation of marital authority.
3. Deprivation of the right to manage his property
and of the right to dispose of such property by
any act or any conveyance inter vivos.
*Note: But he can dispose of such property by will
or donation mortis causa.
Art. 35. Effects of bond to keep the peace. — It
shall be the duty of any person sentenced to give bond
to keep the peace, to present two sufficient sureties
who shall undertake that such person will not commit
the offense sought to be prevented, and that in case
such offense be committed they will pay the amount
determined by the court in the judgment, or otherwise
to deposit such amount in the office of the clerk of the
court to guarantee said undertaking.
The court shall determine, according to its discretion,
the period of duration of the bond.
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall
in no case exceed six months, is he shall have been
prosecuted for a grave or less grave felony, and shall
not exceed thirty days, if for a light felony.
Bond to keep the peace – imposed only in grave or
light threats; to cover such period of time as the court
may determine.
*Note: Bond to keep the peace is not bail bond.
Art. 36. Pardon; its effect. — A pardon shall not
work the restoration of the right to hold public office,
or the right of suffrage, unless such rights be
expressly restored by the terms of the pardon. A
pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by
the sentence.
Executive Clemency – The pardoning power of the
president. It is an act of forgiveness, thus, relieves the
person pardoned from the penal consequence of the
crime but it does not obliterate the crime itself.
a. Discretionary – to grant pardon is a power
discretionary to the president subject to the
limitations imposed by the constitution.
Limitations upon the exercise of pardoning power:
1. That the power can be exercised only after
conviction.
2. That such power does not extend to cases of
impeachment.
b. Full Pardon – express obliteration of the
principal penalties and the accessory penalties.
c. Civil liability- pardon does not extinguish the
civil liability of the person pardoned.
Pardon by the Chief Executive vs. Pardon by the
offended party:
PCE – extinguishes the criminal liability of the
offender; cannot include civil liability which the
offender must pay; pardon granted only after
conviction and may be extended to any of the
offenders.
POP – Does not extinguish the criminal liability of the
offender; offended party can waive the civil liability
which the offender must pay; in art.344, pardon must
be extended before the institution of the criminal
prosecution and must be extended to both offenders.
*Note: Pardon granted in general terms does not
include accessory penalty. Exception: When an
absolute pardon is granted after the term of
imprisonment has expired, it removes all that is left of
the consequence of conviction.
-Pardon after serving 30 years does not remove
perpetual absolute disqualification.
Art. 37. Cost; What are included. — Costs shall
include fees and indemnities in the course of the
judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or
regulations in force, or amounts not subject to
schedule.
Payment of costs – must be expressly imposed as an
accessory penalty; the court has the discretion to
imposed or not impose payment of costs.
Included in costs:
1. Fees
2. Indemnities, in the course of judicial
proceedings.
*Note: Costs are chargeable to the accused in case of
conviction.
-No costs against the Republic, unless the law provides
the contrary.
-Payment of costs is discretionary.
Art. 38. Pecuniary liabilities; Order of payment.
— In case the property of the offender should not be
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Order of payment – applicable only if the property of
the offender is insufficient for the payment of all his
pecuniary liabilities.
Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in the
paragraph 3 of the nest 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:
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).
Subsidiary penalty – to be suffered by the convict who
has no property with which to meet the fine, at the
rate of one day for each eight pesos, subject to the
rules provided for in Art. 39.
Rate – one day for each P8.00
Elements:
1. Offender was sentenced to suffer penalty of
fine, imprisonment penalty and fine, or penalty
with duration and fine.
2. Offender was not sentenced to suffer
imprisonment penalty or penalty with duration
of more than six years.
3. Offender was expressly sentence in the
judgment to suffer fine with subsidiary
imprisonment in case of insolvency.
4. Offender failed to pay the penalty fine
5. The failure to pay the fine was due to
insolvency.
*Note: Subsidiary imprisonment may be applied under
special laws.
-Judgment of conviction must impose subsidiary
imprisonment.
-No subsidiary penalty for nonpayment of other
pecuniary liabilities.
-Subsidiary imprisonment is not an accessory penalty.
-The penalty imposed must be (1) prision correccional
(2) arresto mayor (3) arresto menor (4) suspension
(5) destierro (6) fine only
-The subsidiary penalty is “The same deprivations as
those of which the principal penalty consists”

-The convict who served subsidiary penalty may still

be required to pay the fine.

-Subsidiary imprisonment is no imprisonment for debt.