Practice question
A convict receives six months of arresto mayor and a fine. He is insolvent. Assume the wage-rate conversion of the unpaid fine would produce eight months. Disregarding other lawful credits, which subsidiary-imprisonment ceiling controls under Article 39(1)?
- Eight months, because the conversion always overrides every cap.
- Six months, equal to the principal sentence.
- Two months, one-third of the six-month sentence and below one year.
- One year in every case.
- No ceiling applies when a fine accompanies arresto.
Legal references
- RA 10159, Section 1 amending RPC Article 39, subsidiary personal liability: https://lawphil.net/statutes/repacts/ra2012/ra_10159_2012.html
- Nanzan v People, G.R. No. 262084, April 3, 2024, main decision, fine distinct from civil indemnity and current subsidiary rate: https://lawphil.net/judjuris/juri2024/apr2024/gr_262084_2024.html
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