d. Multi-recidivism or Habitual Delinquency

iv. MULTI-RECIDIVISM or HABITUAL DELINQUENCY

HABITUAL DELINQUENCY

There is habitual delinquency when a person, within a period of 10 years from the date of his release or last conviction of the crimes of (1) serious or less serious physical injuries, (2) robbery, (3) theft, (4) estafa or (5) falsification, is found guilty of any of said crimes a third time or oftener. (Art. 62, RPC)

In habitual delinquency, the offender is either a recidivist or one who has been previously punished for two or more offenses. He shall suffer an additional penalty for being a habitual delinquent. (Reyes, Book I)

REQUISITES:

• The offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification;
• After that conviction or after serving his sentence, and within 10 years from his first conviction or release, he again commits any of said crimes for the second time; and
• After his conviction of, or after service sentence for, the second offense, and within 10 years from his last conviction or last release for said second offense, he again committed any of said crimes and also convicted, the third time or oftener.

The crimes are specified in habitual delinquency

If A was convicted of and served sentence for theft in 1935; after his release he committed homicide (Art. 249), was convicted in 1937, and was released in 1951; and in 1957 was convicted of rape (Art. 335); he is not a habitual delinquent even if he was convicted the third time. Homicide and rape are not mentioned in the definition of habitual delinquency. (Molesa vs. Director of Prisons, G.R. No. L-39998)

Effects of Habitual Delinquency

• The law imposes an additional penalty based on the criminal propensity of the accused apart from that provided by law for the last crime for which he is found guilty. Habitual delinquency is not, however, a crime in itself; it is only a factor in determining the total penalty. (Campanilla, Criminal Law Reviewer Volume I)
• An accused who is a habitual delinquent will not benefit from a favorable retroactive application of a penal law. (Art. 22, RPC)
• In case of the commission of another crime during service of penalty, a habitual delinquent shall not be pardoned at the age of 70 years even if he already served out his original sentence. (Art. 160, RPC).
• A habitual delinquent will not be entitled to the 1/2 deduction from term of imprisonment under Art. 29.
• The Indeterminate Sentence Law shall not apply to those who are habitual delinquents. (Sec. 2, Act No. 4103)

Stages of execution

Habitual delinquency is applicable to the crimes mentioned in the law regardless of the stage of execution. (People vs. Abuyen, G.R No. 30664)

Recidivism and Habitual Delinquency

One who is convicted of robbery with homicide and was previously convicted for theft three times is a recidivist and habitual delinquent at the same time. These habitual delinquency crimes are embraced in the same Title of the RPC on crimes against property. Both circumstances of recidivism and habitual delinquency shall be appreciated against him since the effects thereof are not inconsistent with each other. The effect of recidivism is to aggravate the penalty for robbery with homicide; while the effect of habitual delinquency is the imposition of a penalty in addition to the principal penalty for robbery with homicide. (1988 & 2001 Bar Exams)

However, while recidivism will aggravate the principal penalty for robbery with homicide, it cannot aggravate the additional penalty for habitual delinquency because recidivism is inherent in habitual delinquency. (People v. Manalo, G.R. No. L-8586)

Can a convict be a habitual delinquent without being a recidivist? Yes, when no two of the crimes committed are embraced in the same title of the Code. (Reyes, Book I)

HABITUAL DELINQUENCY V. RECIDIVISM

HABITUAL DELINQUENCY V. HABITUALITY/REITERACION