Philippine Bar review · Question

Practice question: Subsidiary Penalty

Multiple Choice Easy

Practice question

If the principal penalty imposed is higher than prision correccional, what does Article 39 provide regarding subsidiary imprisonment?
  1. It is always one additional year.
  2. It equals the unpaid fine divided by eight.
  3. It is mandatory for every unpaid monetary award.
  4. No subsidiary imprisonment shall be imposed.
  5. It lasts until the victim consents to release.

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

Answer this question in flashcards to review your response and continue practicing.