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MODULE 14: PENALTIES III

LESSON PROPER

PENALTIES (PART 3)

Habitual Delinquency

Art. 62 of the RPC lays down the rules for the “effects of the attendance of mitigating and
aggravating circumstances and of habitual delinquency.”

Under Art. 62, a person shall be deemed to be habitual delinquent, if within a period of ten years
from the date of his release or last conviction of the crimes of serious of less serious physical injuries, robo,
hurto, estafa, or falsification, he is found guilty of any said crimes a third time or oftener.

Habitual delinquency is not a crime; it is a circumstance to be considered in the imposition of

additional penalty. (People v. De Jesus, 63 Phil. 670; People v. Blanco, 85 Phil. 296) Note further that it is
not imposed for the same offense but for the moral depravity of the accused. (People v. Montera, 55 Phil.
93) There can be habitual delinquency even in cases of attempted or frustrated felonies. (People v.
Abuyen, 52 Phil. 722).

Indeterminate Sentence Law (Act No. 4103, As Amended)

The maximum term of the indeterminate penalty, according to the Indeterminate Sentence Law, is
that which, in view of the attending circumstances, could be properly imposed under the Rules of the Code.
(Francisco, Jr. v. People, 579 SCRA 608 [2009]). The law leaves it entirely within the sound discretion of
the court to determine the maximum penalty, as long as it is anywhere within the range of the penalty next
lower without any reference to the periods into which it might be subdivided. (Jarillo v. People, 601 SCRA
236 [2009]).

The law applies to crimes punished by special laws if said laws provide for their own maximum and
minimum penalties. Where the special law adopted penalties from the RPC, the Indeterminate Sentence
Law will apply just as it would in felonies. (People v. Simon, G.R. No. 93028, July 29, 1994).

Purpose of the Law

The purpose of the Indeterminate Sentence Law is to uplift and redeem valuable human material
and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. (People
v. Ducosin, 59 Phil. 109; People v. Onate, 78 SCRA 43). The said law is not political law as it does not
affect political relations. (See Montebon v. Director of Prisons, et al., 44 O.G. 3312).

Probation Law (PD No. 968)

Probation is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer. (Sec. 3 [a], P.D. No.
968 as amended)

The purposes of the Probation Law are: (1) to promote the correction and rehabilitation of an
offender by providing him with individualized treatment; (2) to provide an opportunity for the reformation of a
penitent offender which might be less probable if here were to serve a prison sentence; and (3) to prevent
the commission of offenses. (Sec. 2, P.D. No. 968, as amended).

Probation may be granted whether the sentence imposes a term of imprisonment or a fine with
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MODULE 14: PENALTIES III

subsidiary imprisonment in case of insolvency. An application for probation shall be filed with the trial court.
The filing of the application is deemed a waiver of the right to appeal. (Reyes, The Revised Penal Code
Criminal Law, Book One [17th Edition], pp. 805-806; Sec. 4, P.D. No. 968).

An order granting or denying probation is not appealable. (Sec. 4, P.D. No. 968).

The benefits of the law shall not be extended to those: (1) sentenced to serve a maximum term of
imprisonment of more than six years; (2) convicted of subversion or any crime against national security or
the public order; (3) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos; (4)
who have been once on probation; (5) who are already serving sentence at the time the substantive
provisions of the Decree became applicable.

Whenever a probationer is permitted to reside in a place under jurisdiction of another court, control
over him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such
a case, a copy of the probation order, the investigation report and other pertinent records shall be furnished
said Executive Judge. (Sec. 13, P.D. No. 968, as amended).

NOTE: If the accused is sentenced to more than six years of imprisonment even by a day, he is no longer
entitled to the benefits of the Probation Law.

Other Instances When Probation Is Not Applicable

Probation is not applicable in the following instances: (1) when the accused is convicted under R.A.
No. 9165 – the new Anti-Dangerous Drugs Law except when he is a first offender minor in which case he is
eligible for probation even if the penalty imposed is more than six years; however, if he is convicted of drug
trafficking or pushing he is disqualified; 2) if accused appeals his conviction irrespective of the purpose of
the appeal even if it is only to question the propriety of the penalty imposed; (3) conviction of an election
offense under the Revised Election Code.

Revocation of Probation

Having the power to grant probation, it follows that the trial court also has the power to order its
revocation in a proper case and under appropriate circumstances. (Neil V. Suyan v. People of the
Philippines, et al., G.R. No. 189644, July 2, 2014).