G.R. No. 34431; August 11, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FABIAN MONTERA, defendant-appellant.

FACTS

The defendant-appellant, Fabian Montera, was convicted of theft for stealing twelve phonograph records and one flashlight valued at P30.30. The trial court found no consent, express or implied, from the owner for the taking. Montera was also classified as an habitual delinquent under Act No. 3397 (the Habitual Delinquent Law). He appealed, challenging the constitutionality of the Habitual Delinquent Law as an ex post facto law.

ISSUE

Is Act No. 3397, the Habitual Delinquent Law, an unconstitutional ex post facto law?

RULING

No. The Supreme Court affirmed the conviction and the application of the Habitual Delinquent Law. The Court held that statutes imposing a more severe penalty for a subsequent offense are not ex post facto laws. Such laws do not impose additional punishment for past crimes but prescribe an enhanced penalty for the latest crime based on the defendant’s criminal propensity. The Court cited its prior ruling in People vs. Madrano and U.S. Supreme Court precedent (McDonald vs. Massachusetts) to uphold the law’s validity. The penalty was modified per the Attorney-General’s recommendation: Montera was sentenced to presidio correccional for two years, four months, and one day for the theft, plus an additional ten years’ imprisonment as an habitual delinquent.

AI Generated by Armztrong.