4 kinds of repetitive criminality


The following are different kinds of criminal repetition or habituality of offenders. All citations are under the Revised Penal Code or Act 3815.

A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was previously convicted of a crime(s). Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment. https://en.wikipedia.org/wiki/Habitual_offender.

[1] Recidivism under Article 14 (9)

The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the Revised Penal Code. In recidivism, the crimes committed should be felonies. There is no recidivism if the crime committed is a violation of a special law.

What is controlling is the time of the trial, not the time of the commission of the offense (i.e. there was already a conviction by final judgment at the time of the trial for the second crime).

Recidivism does not prescribe. No matter how long ago the offender was convicted, if he is subsequently convicted of a crime embraced in the same title of the Revised Penal Code, it is taken into account as aggravating in imposing the penalty.

[2] Repetition or reiteracion under Article 14 (9)

The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

[3] Habitual delinquency under Article 62 (5)

The offender within a period of ten (10) years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification is found guilty of any of the said crimes a third time or another.The allegation in the information that the accused was already convicted four times of similar crimes, is not sufficient to show that these crimes were precisely those enumerated by the law and for the conviction of which the appellant should be considered a habitual delinquent. The word similar has no legal definition in the Penal Code and it is too abstract in its general acceptation. There may be crimes similar in some sense to that charged in this case, which are not those enumerated in the law, the conviction of which constitutes an element of habitual delinquency. (G.R. No. 44527. March 31, 1936)

[4] Quasi-recidivism under Article 160

Any person who shall commit a felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum period prescribed by law for the new felony.

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