Article 62

Question 1

Title of Art. 62 of the RPC

Answer 1

Effects of the attendanace of mitigating or aggravating circumstances and of habitual delinquency

Question 2

Effects of attendance of aggravating or mitigating circumstances or of habitual delinquency (3)

Answer 2

1. Aggravating(generic or specific) increase the penalty, without exceeding the maximum provided by law
2. Mitigating diminish the penalty
3. Habitual delinquency, increase penalty because of recidivism AND impose additional penalty

Question 3

Rules regarding aggravating and mitigating circumstances (4)

Answer 3

1. Aggravating circumstances which (1) in themselves constitue a crime especially punished by law or (2) which are included by the law in defining a crime and prescribing the penalty therefore are not to be taken into account to increase the penalty
2. Same rule as No. 1 for aggravating circumstances inherent in the crime
3. Aggravating or mitigating circumstances which arise from (1) moral attributes of the offender, or (2) from his private relations with the offended part, or (3) from any other personal cause, serve to aggravate or mitigate the liability of the principals, accomplies and accessories to whom such circumstances are attendant
4. The circumstances which consist (1) in the material execution of the act, or (2) in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein

Question 4

Who is a habitual delinquent?

Answer 4

One who if within of 10 years from the date of his last release or last conviction of the crimes of:
1. Serious or less serious physical injuries
2. Robo (Robbery)
3. Hurto (Theft)
4. Estafa
5. Falsification,
is found guilty of any of said crimes a third time or oftener

Question 5

Requisites of habitual delinquency (3)

Answer 5

1. That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification
2. That after that conviction, or after serving his sentence, he again committed, and, within 10 years from his last release or first conviction, he was again convicted of any of the said crimes for the second time; and
3. That after his conviction of, or after serving sentence for the second offense, he again committed and within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener

Question 6

Additional penalties for habitual delinquents (3)

Answer 6

1. Upon third conviction, prision correcional in its medium and maximum periods
2. Fourth conviction - prision mayor minimum and medium
3. Fifth conviction - prision mayor maximum to reclusion temporal minimum

Question 7

What must be alleged in the information for a habitual delinquent? (3)

Answer 7

1. Dates of the commission of the PREVIOUS CRIMES
2. Date of the LAST CONVICTION OR RELEASE
3. Dates of the OTHER PREVIOUS CONVICTIONS OR RELEASES

Question 8

Is date of release absolutely necessary?

Answer 8

No

Question 9

Distinguish habitual delinquency from recidivism (4)

Answer 9

Question 10

Can a convict be a habitual delinquent without being a recidivist?

Answer 10

Yes, when no two of the crimes committed are embraced in the same title of the Code