Practice question
If the principal penalty imposed is higher than prision correccional, what does Article 39 provide regarding subsidiary imprisonment?
- It is always one additional year.
- It equals the unpaid fine divided by eight.
- It is mandatory for every unpaid monetary award.
- No subsidiary imprisonment shall be imposed.
- 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
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