Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

REPUBLIC ACT NO. 10159       April 10, 2012

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS

THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read as follows:

"Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the
rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction by the trial court, subject to the
following rules:

"1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under
confinement until his fine referred in the preceding paragraph is 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 fight felony.

"3. When the principal penalty imposed is higher than prision correctional, 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 the fine in case his financial circumstances should improve." (As amended
by Republic Act No. 5465, which lapsed into law on April 21, 1969.)

Section 2. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 3. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters
of instruction, administrative orders or rules and regulations which may be inconsistent with this Act
shall be deemed repealed, amended or modified accordingly.
Section 4. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2808 and House Bill No. 600 was finally passed
by the Senate and the House of Representatives on May 23, 2011 and January 30, 2012,
respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: April 10, 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Summary of Latest Wage Orders and Implementing Rules

Issued by The Regional Boards
(As of 28 February 2018)

Download Printable version

Non- Wage Order

Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

NCR NCR-21 ₱21.00/day ₱512.00 Minimu Septem Septemb October Issued –

basic wage (₱502.00 m ber 14, er 20, 05, September 15,
increase basic wage Wage 2017 2017 2017 2017
+ Earners Approved –
₱10.00 Philippin September 25,
COLA) e Star 2017
Published –
October 04,
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

2017
The Manila
Times

WITH
EXEMPTION
Deadline for
filing:
December 18,
2017
NCR- ₱1,000.00 ₱3,500 Domest Novem Decemb Decemb Issued – Nov.
DW-01 increase ic ber 20, er 01, er 16, 21, 2017
worker 2017 2017 2017 Approved –
s Dec. 07, 2017
Philippin Published –
e Star Dec. 13, 2017

The Manila
Times

NO
EXEMPTION
ALLOWED

CAR RB-CAR-  ₱15 ₱270.00- Minimu April May 21, June Issued – May
18 COLA ₱300.00 m 26, 2017 05, 19, 2017
Wage 2017 2017 Approved –
 ₱10.00 Earners Baguio July 24, 2017
basic Midland Published –
wage Courier Aug. 06, 2017
increas
e The Herald
Express

NO
EXEMPTION
ALLOWED
RB-  P500.0 P3,000 – Domest March April 23, May 8, Issued – Apr.
CAR- 0 chartered ic 09, 2017 2017 26, 2017
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

DW-2 increas cities and Worker 2017 Approved –

e municipalit s Baguio July 05, 2017
ies Midland Published –
Courier May 21, 2017
P2,500 –
other
The Herald
municipalit
Express
ies
NO
EXEMPTION
ALLOWED

RB- RB-I-19  Rangin Large & Minimu Novem January January Issued – Nov.
I g from Comm. m ber 24, 10, 2018 25, 24, 2017
₱13.00 Fishing – Wage 2017 2018 Approved –
- ₱310.00 Earners   Jan. 12, 2018
₱30.00 Medium – Published –
₱285.00 The Jan. 24, 2018
Small – Weekly
₱265.00 The Weekly
City
Micro – City Bulletin
Bulletin
₱256.00 WITH
EXEMPTIOND
eadline for
filing:
April 09, 2018
RB-I-  P1,500 P3,500 – Domest August Septemb October Issued – Aug.
DW-01 increas chartered ic 17, er 17, 2, 2016 17, 2016
e in cities and worker 2016 2016 Approved –
charter municipalit s Oct. 3, 2016
ed ies   Published –
cities Oct. 15, 2016
and P2,500 – Ilocos
first EGA and NO
Herald
class RBA other EXEMPTION
munici municipalit ALOWED
palities ies

 P1,000
increas
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

e in
other
munici
palities

RB- RTWPB  ₱40.00 ₱340.00 Minimu August Septemb Septem Issued –

II II-18 basic   m 11, er 10, ber 25, August 22,
wage Wage 2017 2017 2017 2017
increas Earners Approved –
e The September 25,
Northern 2017
Forum Published –
October 01,
2017
The Northern
Forum

WITH
EXEMPTION
Deadline for
filing:
December 15,
2017
RB-II-  ₱500.0 ₱2,500.00 Domest April May 14, May 29, Issued – Apr.
DW-01 0 ic 26, 2017 2017 26, 2017
increas worker 2017 Approved –
e in s June 07, 2017
cities The Published –
and Northern June 11, 2017
first Forum
class The Northern
munici Forum
palities

 ₱1,000 NO
.00 EXEMPTION
increas ALOWED
e in
other
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

munici
palities

RB III-  ₱16.00 ₱380.00 Minimu March April 16, May 01, Issued – Mar.
20 per m 28, 2017 2017 28, 2017
day Wage 2017 Approved –
basic Earners Philippin May 09, 2017
pay In e Daily Published –
increas Aurora: Inquirer May 22, 2017
e ₱329.00
WITH
EXEMPTION
Deadline of
filing:
August 5,
2017
RB-
RB-III-  ₱2,000 ₱4,000.0 Domest July 21, Septemb October Issued – Sept.
III
DW-01 .00 in 0 - cities ic 2017 er 22, 07, 27, 2017
cities and first Worker 2017 2017 Approved –
and class s Nov. 17, 2017
first municipalit Sun Star Published –
class ies Pampan Dec. 03, 2017
munici ga
palities ₱3,000.0 NO
EXEMPTION
0 - other
ALLOWED
 ₱1,500 municipalit
.00 in ies
other
munici
palities

RB- RB-IVA- Integration of GCA: Minimu May 30, June 16, July 01, Issued – May
IVA 17 ₱12.50 CTPA ₱296.00- m 2016 2016 2016 30, 2016
and ₱13.00 ₱378.00 Wage Approved –
SEA into the Earners June 30, 2016
basic pay: EGA: Published –
₱293.00- July 5, 2016
 Upon Philippine Star
₱328.50
effecti
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

vity:
₱13.00 RBA:  
SEA
 Effecti ₱293.00- WITH
ve 1 ₱311.50 EXEMPTION
Octobe  
r 2016
– Deadline for
₱12.50 filing:
CTPA September 18,
2016
₱5.00 to
₱73.20 basic  
wage
increase by
reason of
area
reclassificatio
n for a 7-year
tranche.
RB-  ₱500.0 ₱2,500 – Domest Decemb March April Issued – Dec.
IVA- 0 GCA ic er 21, 17, 2016 01, 21, 2015
DW-01 increas (chartered Worker 2015 2016 Approved –
e in cities and s Philippin Feb. 29, 2016
GCA municipalit e Star Published –
(chart ies) Mar. 17, 2016
ered Philippine Star
cities ₱1,800 –
and NO
EGA and
munici RBA (other EXEMPTION
palities municipalit ALOWED
) ies)
 ₱300.0
0
increas
e in
EGA
and
RBA
(other
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

munici
palities
)

RB- RB-  ₱15.00 Establishm Minimu Septem Septemb Septem Issued – Oct.
IVB MIMARO per ents with m ber 05, er 09, ber 24, 25, 2017
PA-08 day for 10 workers Wage 2017 2017 2017 Approved –
worker and above Earners Nov. 28, 2017
s in The Published –
establi ₱290.00 Manila Dec. 05, 2017
shmen Times
ts with Establishm The Manila
10 and ents with Times
above less than
to be 10 NO
given EXEMPTION
in two ₱247.00 ALLOWED
(2)
tranch
es;

 ₱47.00
per
day for
worker
s in
establi
shmen
ts with
less
than
10 to
be
given
in four
(4)
tranch
es.
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

RB-  ₱500.0 ₱2,500.0 Domest May 26, June 22, July 07, Issued – May
MIMAR 0 0 – cities ic 2017 2017 2017 26, 2017
OPA- increas and first Worker Approved –
DW-01 e in municipalit s July 07, 2017
cities ies Published –
and July 28, 2017
first ₱2,500.0
class 0 – other The Manila
munici municipalit Times
palities ies
NO
 ₱1,000 EXEMPTION
.00 ALLOWED
increas
e in
other
munici
palities

RB- RB-V-18  ₱25.00 ₱290.00 Minimu April May 18, June Issued – Apr.
V basic m 25, 2017 02, 25, 2017
wage (establish Wage 2017 2017 Approved –
for Bicol
ments Earners June 07, 2017
establi Mail Published –
employing
shmen 10 and June 15, 2017
ts above)
emplo Bicol Mail
ying NO
₱280.00
10 and EXEMPTION
above; ALLOWED
(establish
 ₱42.00 ments
basic employing
wage 1 to 9)
for
establi
shmen
ts
emplo
ying
 Non- Wage Order
Agricultur
Wage
Reg Wage e Covera Date Implementin
Increase/C Date of Date of
ion Order Minimum ge of g Rules
OLA Publicat Effecti
Wage Issua
Rate ion vity
nce

10;

 ₱32.00
basic
wage
for
establi
shmen
ts
emplo
ying 1
to 9.
RB-V-  ₱1,000 ₱3,000.0 Domest April May 18, June Issued – Apr.
DW-01 .00 0 – cities ic 25, 2017 02, 25, 2017
increas and first Worker 2017 2017 Approved –
e in class s Bicol June 07, 2017
cities municipalit Mail Published –
and ies June 15, 2017
first Bicol Mail
class ₱2,500.0
munici 0 – other NO
palities municipalit EXEMPTION
; ies ALLOWED

 ₱1,000
.00
increas
e in
other
munici
palities

http://www.nwpc.dole.gov.ph/pages/statistics/latest_wo.html