GR 45925; (June, 1938) (Digest)
March 9, 2026GR 39696; (February, 1934) (Digest)
March 9, 2026G.R. No. 43466; May 25, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. PASCUAL FAJARDO, defendant-appellee.
FACTS
Pascual Fajardo was convicted of damage to property through reckless imprudence and sentenced to pay a fine. Upon execution, he was found insolvent. The provincial fiscal argued he should suffer subsidiary imprisonment despite its absence in the judgment. The trial court held he could not be compelled to serve subsidiary imprisonment because it was not imposed in the sentence. The fiscal appealed.
ISSUE
Whether an accused sentenced only to pay a fine may be compelled to undergo subsidiary imprisonment automatically upon a finding of insolvency, even if not stated in the judgment.
RULING
No. The Court affirmed the trial court’s order. Subsidiary imprisonment is a penalty that must be expressly imposed in a final judgment under Article 78 of the Revised Penal Code. It cannot be automatically served upon insolvency. To compel it without a judicial sentence would violate due process and the principle that no penalty shall be executed except by virtue of a final judgment.
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