Effect Of The Attendance Of Habitual Delinquency

ART. 62

Effect Of The Attendance Of Mitigating Or Aggravating Circumstances
And Of Habitual Delinquency

Par. 1:
Aggravating circumstances are not to be taken into account when:
1. they themselves constitute a crime. Ex. by “means of fire” – arson
2. they are included by law in the definition of a crime

Par. 2:
Same rules apply when the aggravating circumstance is inherent
in the crime

Par. 3:
Aggravating or mitigating circumstances arising from any of the
following affect only those to whom such circumstances are attendant:
1. from the moral attributes of the offender
2. from his private relations w/ the offended party
3. from any other personal cause

Par. 4:
the circumstances which consist of the following shall serve to
aggravate and mitigate the liability only of those who had
knowledge of them at the time of the commission of the offense
1. material execution of the act
2. means employed to accomplish the crime

Par. 5:
Habitual Delinquent is a person who within the period of 10
years from the date of his (last) release or last conviction
of the crimes of:
1. Falsification
2. Robbery
3. Estafa
4. Theft
5. Serious or less serious physical injuries is found guilty
   of any of the said crimes a third time or oftener.

Effects of the circumstances:
   - Aggravating circumstances (generic and specific) have the
     effect of increasing the penalty, without however exceeding
     the maximum period provided by law.
   - Mitigating circumstances have the effect of diminishing the
   - Habitual delinquency has the effect, not only of increasing
     the penalty because of recidivism which is generally implied
     in habitual delinquency, but also of imposing an additional
        - Ten year period to be computed from the time of last
          release or conviction
        - Subsequent crime must be committed after conviction
          of the former crime. Cases still pending are not to
          be taken into consideration.

Habitual Delinquency and Recidivism Compared.
1. Habitual Delinquency - Crimes to be committed are specified
   Recidivism - Same title
2. Habitual Delinquency - W/ in 10 years
   Recidivism - No time fixed by law
3. Habitual Delinquency - Must be found guilty 3rd time or oftener
   Recidivism - Second conviction
4. Habitual Delinquency - Additional penalty is imposed
   Recidivism - Is not offset by MC, increases penalty to maximum

REQUISITES Of Habitual Delinquency:
1. that the offender had been convicted of any of the crimes of
   serious or less serious physical injuries, robbery, theft,
   estafa or falsification
2. that after conviction or after serving his sentence, he again
   committed, and, within 10 years from his last release of first
   conviction, he was again convicted of any of the said crimes
   for the second time
3. that after his conviction of, or after serving sentence for
   the second offense, he again committed, and, within 10 years
   from his last release or last conviction, he was again
   convicted of any of said offenses, the third time or oftener

Rulings on Habitual Delinquency:
1. The law on habitual delinquency does not contemplate the
   exclusion from the computation of prior conviction those
   falling outside the 10-year period immediately preceding the
   crime for which the defendant is being tried.
2. Ten-year period is counted not from the date of commission of
   the subsequent offense but from the date of conviction thereof
   in relation to the date of his last release or last conviction.
3. When an offender has committed several crimes mentioned in the
   definition of habitual delinquent, without being first convicted
   of any of them before committing the others, he is not a
   habitual delinquent.
4. Convictions on the same day or at about the same time are
   considered as one only (days,weeks..).
5. Crimes committed on the same date, although convictions on
   different dates are considered as one.
6. Previous convictions are considered every time a new offense
   is committed.
7. Commissions of those crimes need not be consummated.
8. Habitual delinquency applies to accomplice and accessories.
9. A crime committed during the minority of the offender is not
   counted because proceedings as regards that crime are suspended.
10.Imposition of additional penalty is mandatory and constitutional.
11.Modifying circumstances are applicable to additional penalty.
12.Habitual delinquency is not a crime. It is simply a fact or
   circumstance which if present gives rise to the imposition of
   additional penalty.
13.Penalty for habitual delinquency is a real penalty that determines
14.A habitual delinquent is necessarily a recidivist.
15.In imposing the additional penalty, recidivism is not
   aggravating. The additional penalty must be imposed in its minimum.
16.An offender can be a habitual delinquent without being a
   recidivist, when no two of the crimes committed are embraced
   in the same title of the Code.


In no case shall the total penalties imposed upon the offender
exceed 30 years.

The imposition of the additional penalties on habitual delinquents
are constitutional, it is simply a punishment on future crimes on
account of the criminal propensities of the accused.

The imposition of such additional penalties are mandatory.

Habitual delinquency applies at any stage of the execution
because subjectively, the offender reveals the same degree of
depravity or perversity as the one who commits a consummated crime.

Habitual delinquency applies to all participants because it
reveals persistence in them of the inclination to wrongdoing
and of the perversity of character that led them to commit the
previous crime.


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