Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency.

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Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are
included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the
purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that
it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private
relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the
liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or 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.

5. Habitual delinquency shall have the following effects:

(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 periods; and

(c) Upon a fifth or additional 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 maximum period to reclusion temporal
in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten 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, he is found guilty of any of said crimes a third time or oftener.

Aggravating circumstances which are not considered for the purpose of increasing the penalty:

(1) In themselves constitute a crime specially punished by law; or

(2) Are included by the law in defining crime and prescribing the penalty therefore; or

(3) Are inherent in the crime.

Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability of the offender to
whom such are attendant. These are those arising from:

(1) Moral attributes of the offender

(2) His private relations with the offended party

(3) Any other personal cause

Circumstances that 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 are those which consist:

(1) In the material execution of the act; or

(2) In the means employed to accomplish it.

What are the requisites of habitual delinquency?

1. Offender had been convicted of any of the crimes of:

(a) Serious or less serious physical injuries

(b) Robbery

(c) Theft

(d) Estafa

(e) Falsification

2. After that conviction or after serving his sentence, he again committed, and, within 10 years from his release or
1stconviction, he was again convicted of any of the said crimes for the second time.

3. After conviction of, or after serving sentence for, the 2nd 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 3rd time or oftener.

What are the legal effects of habitual delinquency?

Third conviction. The culprit is sentenced to the penalty for the crime committed and to the additional penalty of
prision correccional in its medium and maximum period.

Fourth conviction. The penalty is that provided by law for the last crime and the additional penalty of prision
mayor in its minimum and medium periods.

Fifth or additional conviction. The penalty is that provided by law for the last crime and the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.
Notes:

In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years.

Total penalties refer to the penalties:

1. for the last crime of which he is found guilty;

2. Additional penalty.

The law does not apply to crimes described in Art. 155.

The impositions of the additional penalty on habitual delinquents are CONSTITUTIONAL because such law is
neither an EX POST FACTOLAW nor an additional punishment for future crimes. It is simply a punishment on
future crimes on account of the criminal propensities of the accused.

The imposition of such additional penalties is mandatory and is not discretionary. Habitual delinquency applies at
any stage of the execution because subjectively, the offender reveals the same degree of depravity or perversity as
the one who commits a consummated crime. It applies to all participants because it reveals persistence in them of
the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime.

Cases where attending aggravating or mitigating circumstances are not considered in the imposition of
penalties

1) Penalty that is single and indivisible

2) Felonies through negligence

3) When the penalty is a fine

4) When the penalty is prescribed by a special law.