People v. Subido G.R. No. L-21734. September 5, 1975

Facts: The CFI found Subido guilty of liber. Therefore, he was sentenced of 3 months of arresto mayor with the accessory penalties of the law, pay the fine of P500.00, indemnify the offended party, Mayor Arsenio Lacson, of P10,000.00, with subsidiary imprisonment in case of insolvency and to pay the costs. However, the Court of Appeals modified the judgment by removing the penalty of arresto mayor, reducing the indemnity amount from P10,000 to P5,000 and mentioned nothing of the subsidiary imprisonment in case of insolvency. As a result, Subido filed with the trial court to recognize the decision of the Court of Appeals and to cancel his appeal bond.

Issue: Whether or not, the accused-appellant can be required to serve the fine and indemnity prescribed in the judgment of the Court of Appeals in form of subsidiary imprisonment in case of insolvency?

Held: Yes

Ratio:  The use of a comma (,) in the part of the sentence is to make “the subsidiary imprisonment in case of insolvency” refer not only to non-payment of the indemnity, but also to non-payment of the fine.