GR L 45190; (April, 1939) (Digest)
G.R. No. L-45190; April 19, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO APAREJADO, ET AL., defendants. PERFECTO BRAVO, appellant.
FACTS
Perfecto Bravo was convicted of illegal fishing by dynamite and sentenced to three months imprisonment, a fine of P200, and a proportionate share of the costs. He served the principal penalty and, due to insolvency, also served subsidiary imprisonment for the unpaid fine. Five years later, in 1936, the provincial sheriff attached Bravo’s only property to sell it at public auction to satisfy the unpaid fine and costs. Bravo moved to suspend the sale, but the court denied his petition.
ISSUE
Whether the attachment of Bravo’s property to enforce the payment of the fine and costs is legal after he had already served subsidiary imprisonment for the fine.
RULING
No. The attachment is illegal and void. Under Article 39, Rule 5 of the Revised Penal Code, the civil liability arising from the fine is completely extinguished once the offender suffers subsidiary imprisonment due to insolvency. Since Bravo already served the subsidiary imprisonment for the unpaid fine, his liability for the fine was extinguished. The attachment, which was levied to collect the total amount of P203 (fine and costs), was therefore defective. The court noted that if Bravo had been required to pay only his proportionate share of the costs (approximately P3) separately, he might have paid it to avoid the sale of his property. The resolution denying the suspension of the sale is reversed, and the attachment is declared null and void, without prejudice to the government requiring Bravo to pay only the costs.
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