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Question

Question 3: Liability for Multiple Commission of Crimes - Habitual Delinquency

In the Philippines, the concept of habitual delinquency is enshrined in Article 62(5) of the Revised Penal Code. This provision states that a person who has been convicted of two or more crimes embraced in the same title of the Code, and within a period of ten years from the date of his release or last conviction, shall be deemed to be a habitual delinquent and shall be sentenced to an additional penalty of prision mayor in its maximum period to reclusion perpetua.

Based on the given provision, analyze the following scenarios and determine if the individuals involved can be held liable for habitual delinquency:

1. Juan was previously convicted of theft in 2010 and was released in 2012. In 2015, he was convicted of robbery. In 2018, he was once again convicted of theft. Can Juan be considered a habitual delinquent? Explain your answer.
2. Maria has a criminal record. In 2013, she was convicted of estafa. In 2016, she was convicted of qualified theft. In 2021, she was convicted once again, this time for robbery. Can Maria be deemed a habitual delinquent? Explain your answer.
3. Ramon has been previously convicted of illegal drugs possession in 2008 and was released in 2010. In 2017, he was convicted of illegal drugs trafficking. In 2020, he was again found guilty of illegal drugs possession. Can Ramon be considered a habitual delinquent? Explain your answer.

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Answer