Recidivist vs Habitual Delinquent

7/17/2019 Recidivist vs Habitual Delinquent

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Diferent orms o repetition or habituality of the oender

(1) Recidivism under Article 14 (9) – The ofender at the time o histrial or one crime shall have been previously convicted by nal !ud"ment o another embraced in the same title o the Revised#enal $ode%

(&) Repetition or reiteracion under Article 14 (1') – The ofender hasbeen previously punished or an ofense hich the la attaches an

eual or "reater penalty or or to or more crimes to hich itattaches a li"hter penalty%

(*) +abitual delinuency under Article ,& (-) – The ofender ithinthe period o 1' years rom the date o his release or last convictiono the crimes o serious or less serious physical in!uries. robo. hurto.estaa or alsication. is ound "uilty o the any o said crimes a thirdtime or otener%

(4) /uasi0recidivism under Article 1,' – Any person ho shallcommit a elony ater havin" been convicted by nal !ud"mentbeore be"innin" to serve such sentence or hile servin" suchsentence shall be punished by the maimum period prescribed byla or the ne elony%

Distinctions beteen recidivism and habitual delinuency

2n recidivism –

(1) To convictions are enou"h%

(&) The crimes are not specied3 it is enou"h that they may beembraced under the same title o the Revised #enal $ode%

(*) There is no time limit beteen the rst conviction and thesubseuent conviction% Recidivism is imprescriptible%

(4) 2t is a "eneric a""ravatin" circumstance hich can be ofset byan ordinary miti"atin" circumstance% 2 not ofset. it ould onlyincrease the penalty prescribed by la or the crime committed toits maimum period%

(-) The circumstance need not be alle"ed in the inormation%

2n habitual delinuency –

(1) At least three convictions are reuired%

(1) The crimes are limited and specied to (a) serious physicalin!uries. (b) less serious physical in!uries. (c) robbery. (d) thet. (e)estaa or sindlin" and () alsication%

(*) There is a time limit o not more than 1' years beteen everyconvictions computed rom the rst conviction or release rompunishment thereo to conviction computed rom the secondconviction or release thererom to the third conviction and so on % % %(4) +abitual delinuency is a special a""ravatin" circumstance.

hence it cannot be ofset by any miti"atin" circumstance% Asiderom the penalty prescribed by la or the crime committed. anadditional penalty shall be imposed dependin" upon hether it isalready the third conviction. the ourth. the th and so on % % %

(-) The circumstance must be alle"ed in the inormation3 otherisethe court cannot acuire !urisdiction to impose additional penalty%

Recidivism

2n recidivism. the emphasis is on the act that the ofender aspreviously convicted by nal !ud"ment o a elony and subseuentlyound "uilty o another elony embraced in the same title o theRevised #enal $ode% The la considers this a""ravatin" hen aperson has been committin" elonies embraced in the same titlebecause the implication is that he is speciali5in" on such 6ind o crime and the la ants to prevent any speciali5ation% +ence.ordinarily. hen a person commits a crime under diferent titles. noa""ravatin" circumstance is present% 2t is important that theconviction hich came earlier must reer to the crime committedearlier than the subseuent conviction%

2llustration

2n 197'. A committed robbery% 8hile the case as bein" tried. hecommitted thet in 197*% +e as ound "uilty and as convicted o thet also in 197*% The conviction became nal because he did notappeal anymore and the trial or his earlier crime hich as robberyended in 1974 here he as also convicted% +e also did not appealthis decision% 2s the accused a recidivist The subseuent convictionmust reer to a elony committed later in order to constituterecidivism% The reason or this is as the time the rst crime ascommitted. there as no other crime o hich he as convicted sohe cannot be re"arded as a repeater%

2n recidivism. the crimes committed should be elonies% Recidivismcannot be had i the crime committed is a violation o a special la%



Recidivism does not prescribe% :o matter ho lon" a"o the ofenderas convicted. i he is subseuently convicted o a crime embracedin the same title o the Revised #enal $ode. it is ta6en into accountas a""ravatin" in imposin" the penalty%

#ardon does not erase recidivism. even i it is absolute because onlyecuses the service o the penalty. but not the conviction%

2 the ofender has already served his sentence and he as

etended an absolute pardon. the pardon shall erase the convictionincludin" recidivism because there is no more penalty so it shall beunderstood as reerrin" to the conviction or the efects o the crime%

Recidivism may be considered even thou"h not alle"ed in theinormation because this is only a "eneric a""ravatin" circumstance%

2t is necessary to alle"e recidivism in the inormation. but i thedeense does not ob!ect to the presentation o evidence durin" thetrial and the same as proven. the court shall consider sucha""ravatin" circumstance because it is only "eneric%

2n recidivism. althou"h the la denes it as a circumstance here aperson havin" been convicted by nal !ud"ement as previouslyconvicted also by nal !ud"ement or a crime embraced in the sametitle in the Revised #enal $ode. it is necessary that the convictionmust come in the order in hich they are committed%

Habitual delinquency

8e have to consider the crimes in it and ta6e note o the titles o crimes in the Revised #enal $ode%

2 the ofender had committed and as convicted o each o thecrimes under each cate"ory so that no to crimes all under thesame title o the Revised #enal $ode. you have a situation here theofender is a habitual delinuent but not a recidivist because no tocrimes all under the same title o the $ode%

2 the rst conviction is or serious physical in!uries or less seriousphysical in!uries and the second conviction is or robbery. thet orestaa and the third is or alsication. then the moment the habitualdelinuent is on his ourth conviction already. you cannot avoid thathe is a habitual delinuent and at the same time a recidivistbecause at least. the ourth time ill have to all under any o thethree cate"ories%

8hen the ofender is a recidivist and at the same time a habitualdelinuent. the penalty or the crime or hich he ill be convictedill be increased to the maimum period unless ofset by amiti"atin" circumstance% Ater determinin" the correct penalty orthe last crime committed. an added penalty ill be imposed inaccordance ith Article ,&%

+abitual delinuency. bein" a special or specic a""ravatin"circumstance must be alle"ed in the inormation% 2 it is not alle"ed

in the inormation and in the course o the trial. the prosecution triedto prove that the ofender is a habitual delinuent over the ob!ectiono the accused. the court has no !urisdiction to consider the ofendera habitual delinuent% ;ven i the accused is in act a habitualdelinuent but it is not alle"ed in the inormation. the prosecutionhen introducin" evidence as ob!ected to. the court cannot admitthe evidence presented to prove habitual delinuency over theob!ection o the accused%

<n the other hand. recidivism is a "eneric a""ravatin"circumstance% 2t need not be alle"ed in the inormation% Thus. eveni recidivism is not alle"ed in the inormation. i proven durin" trial.the court can appreciate the same% 2 the prosecution tried to proverecidivism and the deense ob!ected. the ob!ection should beoverruled% The reason is recidivism is a "eneric a""ravatin"circumstance only% As such. it does not have to be alle"ed in theinormation because even i not alle"ed. i proven durin" trial. thetrial court can appreciate it%

Ri"ht no. the present rule is that it can be appreciated even i notalle"ed in the inormation% This is the correct vie becauserecidivism is a "eneric a""ravatin" circumstance% The reason hyhabitual delinuency cannot be appreciated unless alle"ed in theinormation is because recidivism has nothin" to do ith the crimecommitted% +abitual delinuency reers to prior conviction andthereore this must be brou"ht in the inormation beore the courtcan acuire !urisdiction over this matter%

=enerally. the procedure you 6no that hen the prosecutor alle"eshabitual delinuency. it must speciy the crimes committed. thedates hen they ere committed. the court hich tried the case.the date hen the accused as convicted or dischar"ed% 2 these arenot alle"ed. the inormation is deective%

+oever. in a relatively recent rulin" o the >upreme $ourt. it asheld that even thou"h the details o habitual delinuency as notset orth in the inormation. as lon" as there is an alle"ation therethat the accused is a habitual delinuent. that is enou"h to coner



!urisdiction upon the court to consider habitual delinuency% 2n theabsence o the details set orth in the inormation. the accused hasthe ri"ht to avail o the so0called bill o particulars% ;ven in acriminal case. the accused may le a motion or bill o particulars% 2

the accused ails to le such. he is deemed to have aived thereuired particulars and so the court can admit evidence o thehabitual delinuency. even thou"h over and above the ob!ection o the deense%

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Recidivist vs Habitual Delinquent