University of the Philippines College of Law
Topic Multiple/Repeat Offenders
Case Name THE PEOPLE vs. FAUSTINO TOLENTINO and LUISA CORPUZ
Ponente EN BANC
RELEVANT FACTS
Faustino Tolentino and Luisa Corpuz pleaded guilty to the charge of theft. Both being recidivists, were
sentenced in CFI to suffer two months and one day of arresto mayor and to pay the corresponding civil
indemnity to the offended party. Tolentino was further sentenced to suffer an additional penalty of
six years and one day of prision mayor for habitual delinquency. The pertinent allegation of the
information is that Tolentino is a habitual delinquent, he having been convicted of the crimes of theft
and estafa by final judgments rendered by competent court, as follows:
TC sentenced him under paragraph 5 (b) of article 62 RPC, as if this were only his fourth and not his
fifth conviction.
ISSUE AND RATIO DECIDENDI
Issue Ratio
Tolentino contends: on the NO. This is his fifth conviction, and he must be sentenced under
basis of the trial court's paragraph 5 (c) of article 62 to the additional penalty of prision
implied finding that this is his mayor in its maximum period to reclusion temporal in its
fourth conviction, he should minimum period. This penalty must be imposed in its minimum
be sentenced under degree because of the mitigating circumstance of plea of guilty.
paragraph 5 (a) of article 62,
as if the present were only his Under his theory, an accused cannot be sentenced for habitual
third conviction, on the delinquency unless he has had at least three previous convictions,
ground that the first conviction because the first conviction has to be taken only as an aggravating
should be taken circumstance circumstance and has to be disregarded for the purpose of determining
and should be disregarded as habitual delinquency. That, we think, would be unwarranted
an element of habitual interpretation of the Habitual Delinquency Law (paragraph 5 of article
delinquency. 62 of the Revised Penal Code).1
1
5. Habitual delinquency shall have the following effects:
University of the Philippines College of Law
A habitual delinquent is necessarily a recidivist, and in imposing the
principal penalty upon him, the aggravating circumstance of recidivism
has to be taken into account.
In fixing the penalty provided by law for the last crime " as required in
paragraph 5 (a) (b), and (c) of article 62 RPC, the court cannot
disregard articles 14 (9) and RPC, which respectively define
recidivism as an aggravating circumstance and lay down the rule for the
application of aggravating and mitigating circumstances. However, for
the purpose of fixing the additional penalty, recidivism cannot be taken
as an aggravating circumstance for the reason it is inherent in habitual
delinquency.
Argument of OSG: NO. We cannot disregard his previous fourth conviction alleged in the
recommends the affirmance information solely because the date of his release in connection
of that sentence, on the therewith has not been shown. It appearing that he was sentenced for
theory that appellant's fourth the fourth time on September 30, 1935, we can readily see that he must
previous conviction alleged in have been released in connection therewith less than ten years
the information should be previous to August 13, 1941, the date of the commission of the offense
disregarded because the date complained of here. The stand is untenable because if appellant's
of his release in connection fourth previous conviction be disregarded, he could not be sentenced to
therewith was not shown? any additional penalty as a habitual delinquent, his previous third
conviction and release having taken place more than ten years prior to
August 13, 1941.
RULING
Wherefore, with the modification that the appellant Faustino Tolentino y de Dios shall suffer an
additional penalty of ten years and one day of prision mayor, the sentence appealed from is affirmed,
with costs. So ordered.
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be
found guilty and to the additional penalty of prision correccional in its medium and maximum periods:
(b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found
guilty and to the additional penalty of prision mayor in its minimum and medium period; and
(c) Upon fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he
be found guilty a guilty to the additional penalty of prision mayor in its maximum period to the reclusion temporal in its
minimum period.
Notwithstanding the provisions of this article, the total of the penalties to be imposed upon the offender in conformity
herewith, shall in no case exceed 30 years.
For the purposes of this article, 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 robo, hurto, estafa, or falsificacion, he is found guilty of any of said
crimes a third time or oftener.
