c. Reiteración or Habituality

EXCEPTIONS TO THE EXCEPTION

• Where the new law is expressly made inapplicable to pending actions or existing causes of action (Tavera vs. Valdez, 1 Phil. 463, 470-471)
• When the accused is a habitual delinquent (Art. 22, RPC)

Absolute or total repeal or express repeal:

• Pending case – Dismissed whether the accused is a habitual delinquent or not
• Offender has been convicted and or/serving sentence – Released if the offense is absolutely repealed without a saving clause; an express provision preserving the penalty or continuing detention must be given effect. Article 22’s exception for habitual delinquents to favorable retroactivity does not, by itself, keep a repealed offense punishable.

Subsequent crime must be committed AFTER CONVICTION of former crime

In order that an accused may be legally deemed a habitual criminal, it is necessary that he committed the second crime after his conviction of, or after service of sentence for, the first crime; that he committed the third crime after his conviction of, or after service of sentence for, the second crime; the fourth crime, after his conviction of, or after service of sentence for, the third crime, etc. (People vs. Santiago, G.R. No. L-45367)

Reasons for not pardoning such a 70-year old convict

• He is a habitual criminal; or
• If his conduct or other circumstances shows he is not worthy of such clemency

REQUISITES OF REITERACION/ HABITUALITY

• That the accused is on trial for an offense;
• That he previously served sentence for another offense to which the law attaches an
• Equal; or
• Greater penalty; or
• For two or more crimes to which it attaches a lighter penalty than that for the new offense; and
• That he is convicted of the new offense.

It is the penalty attached to the offense, not the penalty actually imposed

Hence, even if the accused served the penalty of prision mayor in its minimum period and is now convicted of an offense for which the penalty of prision mayor maximum is imposed, there is still habituality, provided that the penalty attached to the two offenses is prision mayor in its full extent. (Reyes, Book I)

Habitual Drunkard

A habitual drunkard is one given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It is unnecessary that it be a matter of daily occurrence. It lessens individual resistance to evil thought and undermines will-power making its victim a potential evildoer. (People vs. Camano, Nos. L-36662-63)