Article 39Act No. 3815, Sec./Art. 39

Subsidiary penalty.-If the convict has no property with which to meet the pecuniary liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each 2 pesos and 50 centavos, 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 and pecuniary liabilities referred in the preceding paragraph are 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 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 reparation of the damage caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; but he shall be relieved from pecuniary liability as to the fine.

SECTION THREE.-Penalties in which other accessory penalties are inherent

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

1st. The penalty of prisión correccional in its maximum

period to prisión mayor in its minimum period, if the

amount of the fraud is over Two million four hundred

thousand pesos (P2,400,000) but does not exceed Four

million four hundred thousand pesos (P4,400,000), and if

such

amount

exceeds

the

latter

sum,

the

penalty

provided

in

this

paragraph shall be imposed in its

maximum period, adding one year for each additional

Two million pesos (P2,000,000); but the total penalty

which may be imposed shall not exceed twenty years. In

such

cases,

and

in

connection

with

the

accessory

penalties which may be imposed and for the purpose of

the other provisions of this Code, the penalty shall be

termed prisión mayor or reclusion temporal, as the case

may be.

2nd. The penalty of prisión correccional in its minimum

and medium periods, if the amount of the fraud is over

One million two hundred thousand pesos (P1,200,000)

but does not exceed Two million four hundred thousand

pesos (P2,400,000).

3rd. The penalty of arresto mayor in its maximum period

to prisión correccional in its minimum period, if such

amount is over Forty thousand pesos (P40,000) but does

not exceed One million two hundred thousand pesos

(P1,200,000).

4th. By arresto mayor in its medium and maximum

periods, if such amount does not exceed Forty thousand

pesos (P40,000):

(as amended by Republic Act No. 10951, [August 29, 2017]),

provided that in the four cases mentioned, the fraud be

committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or

anything of value which the offender shall deliver by

virtue of an obligation to do so, even though such

obligation

be

based

on

an

immoral

or

illegal

consideration.

(b) By misappropriating or converting, to the prejudice of

another, money, goods, or any other personal property

received by the offender in trust or on commission, or for

administration, or under any other obligation involving

the duty to make delivery of or to return the same, even

though such obligation be totally or partially guaranteed

by a bond; or by denying having received such money,

goods, or other property.

(c) By taking undue advantage of the signature of the

offended party in blank, and by writing any document

above such signature in blank, to the prejudice of the

offended party or of any third person.

2. By means of any of the following false pretenses or

fraudulent acts executed prior to or simultaneously with

the commission of the fraud:

(a) By using fictitious name, or falsely pretending to

possess power, influence, qualifications, property, credit,

agency, business or imaginary transactions, or by means

of other similar deceits.

(b) By altering the quality, fineness or weight of anything

pertaining to his art or business.

(c)

By

pretending

to

have

bribed

any

Government

employee, without prejudice to the action for calumny

which the offended party may deem proper to bring

against the offender. In this case, the offender shall be

punished by the maximum period of the penalty.

(d) By post-dating a check, or issuing a check in payment

of an obligation when the offender therein were not

sufficient to cover the amount of the check. The failure of

the drawer of the check to deposit the amount necessary

to cover his check within three (3) days from receipt of

notice from the bank and/or the payee or holder that said

check has been dishonored for lack of insufficiency of

funds shall be prima facie evidence of deceit constituting

false pretense or fraudulent act. (As amended by R.A.

4885, approved June 17, 1967.)

Any person who shall defraud another by means of false

pretenses or fraudulent acts as defined in paragraph 2(d)

hereof shall be punished by:

1st. The penalty of reclusion temporal in its maximum

period, if the amount of fraud is over Four million four

hundred

thousand pesos (P4,400,000) but does not

exceed Eight million eight hundred thousand pesos

(P8,800,000).

If

the

amount

exceeds

the latter, the

penalty shall be reclusion perpetua.

2nd. The penalty of reclusion temporal in its minimum

and medium periods, if the amount of the fraud is over

Two million four hundred thousand pesos (P2,400,000)

but does not exceed Four million four hundred thousand

pesos (P4,400,000).

3rd. The penalty of prisión mayor in its maximum period,

if the amount of the fraud is over One million two

hundred

thousand

pesos

(P1,200,000)

but

does not

exceed

Two

million

four

hundred

thousand

pesos

(P2,400,000).

4th. The penalty of prisión mayor in its medium period, if

such amount is over Forty thousand pesos (P40,000) but

does not exceed One million two hundred thousand

pesos (P1,200,000).

5th. By prisión mayor in its minimum period, if such

amount does not exceed Forty thousand pesos (P40,000).

(as amended by Republic Act No. 10951, [August 29, 2017])

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any

document.

(b) By resorting to some fraudulent practice to insure

success in a gambling game.

(c) By removing, concealing or destroying, in whole or in

part, any court record, office files, document or any other

papers.

Article 316. Other forms of swindling. - The penalty of

arresto mayor in its minimum and medium period and a

fine of not less than the value of the damage caused and

not more than three times such value, shall be imposed

upon:

1. Any person who, pretending to be owner of any real

property, shall convey, sell, encumber or mortgage the

same.

2.

Any

person,

who,

knowing

that

real

property

is

encumbered, shall dispose of the same, although such

encumbrance be not recorded.

3.

The

owner

of

any

personal

property

who

shall

wrongfully

take

it from its lawful possessor, to the

prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall

execute any fictitious contract.

5. Any person who shall accept any compensation given

him under the belief that it was in payment of services

rendered or labor performed by him, when in fact he did

not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in

a criminal or civil action, without express authority from

the court or before the cancellation of his bond or before

being relieved from the obligation contracted by him,

shall sell, mortgage, or, in any other manner, encumber

the real property or properties with which he guaranteed

the fulfillment of such obligation.

Article 317. Swindling a minor. - Any person who taking

advantage of the inexperience or emotions or feelings of

a minor, to his detriment, shall induce him to assume any

obligation or to give any release or execute a transfer of

any property right in consideration of some loan of

money, credit or other personal property, whether the

loan clearly appears in the document or is shown in any

other form, shall suffer the penalty of arresto mayor and a

fine of a sum ranging from 10 to 50 per cent of the value

of the obligation contracted by the minor.

© Compiled By RGL

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