THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 
2366 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
The present law on habitual delinquency as embodied in Article 62 
of the Revised Penal Code, as amended, needs to be amended so as to 
include crimes such as murder, homicide, rape or sale of prohibited drugs, 
since these are the crimes the incidence of which are of significant 
occurrence. 
Detention in prison in order to deter criminals from 
committing additional crimes is the only measure that society has to 
protect itself from crime and violence. 
Although our criminal justice system is compassionate with regard 
to first offenders and youth offenders, it should be strict in the enforcement 
of the laws with respect to recidivists and habitual delinquents. This 
measure seeks to include murder, homicide, rape and sale of prohibited 
drugs to the list of crimes which qualify an offender as a habitual 
delinquent. It also increases the maximum time which the prisoner shall 
serve from 30 years to 40 years. This change is made cognizant of the 
fact that under the present prison system whereby good conduct time 
allowance is given a prisoner, a penalty of thirty years is actually twenty- 
one (21) years and six (6) months, more or less with credit of good time 
allowance. The period of forty (40) years is actually twenty-eight years, 
one (1) month and eighteen (18) days in calendar time, since the credit for 
good conduct time allowance totals eleven (11) years, ten (IO) months 
and twelve (12) days. 
In order to deter habitual delinquency and to protect society from 
those who commit crime a third time or oftener, approval of this bill is 
needed. 
n 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT AMENDING ARTICLE SIXTY-TWO OF ACT NO. 3815, 
AS AMENDED, OTHERWISE KNOWN AS THE REVISED 
PENAL CODE, INCREASING THE CRIMES INCLUDED 
IN THE DETERMINATION OF HABITUAL 
DELINQUENCY TO INCLUDE MURDER, HOMICIDE, 
RAPE AND THE SALE OF PpOHlBlTED DRUGS AND 
FOR OTHER PURPOSES 
it 
Be, enacted by the Senate and House of Representatives of the 
Philippines in congress assembled: 
Section 1. Item c, sub-paragraph 5 of Article 62 of Act No. 3815, 
as amended, otherwise known as the Revised Penal Code, is hereby 
amended to read as follows: 
“ART. 62. Effects of the attendance of mitigating or 
aggravating circumstances and of habitual delinquency. - 
xxx. 
xxx 
xxx 
xxx 
5. Habitual delinquency shall have the following 
effects: 
XXX 
xxx 
XXX 
(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] FORTY 
(40) years. 
For the purpose of this article, a person shall be 
deemed to be habitual delinquent, if within a period of ten 
(IO) years from the date of his release or last conviction of 
the crimes of MURDER, HOMICIDE, serious or less serious 
physical injuries, ROBBERY THEFT, FALSIFICATION, 
RAPE OR SALE OF PROHIBITED DRUGS, [robo, hurto, 


estafa, or falsification,] he is found guilty of any of said 
crimes a third time or oftener." 
Section 2. 
This Act shall take effect upon its approval and 
completion of its publication in at least two (2) national newspapers of 
general circulation. 
Approved,