G.R. No. 44988 ; October 31, 1936
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CANUTO BERNAL, defendant-appellant.

FACTS

The accused, Canuto Bernal, was charged with theft for stealing roosters on October 11, 1935. The information alleged the aggravating circumstance of nocturnity and that he was an habitual delinquent due to three prior convictions for theft. The trial court convicted him and imposed a principal penalty for theft and an additional penalty for habitual delinquency. The defense appealed, contesting the classification as an habitual delinquent. It argued that one of the three prior convictions occurred on October 19, 1935, after the commission of the present offense (October 11, 1935), and thus should not be counted.

ISSUE

1. Whether a conviction occurring after the commission of the last offense can be counted in determining habitual delinquency.
2. Whether the generic aggravating circumstance of recidivism should be considered in imposing the principal penalty when the accused is also declared an habitual delinquent.

RULING

1. No. A conviction that occurs after the commission of the offense for which the accused is currently being tried cannot be counted in determining habitual delinquency. Following prior jurisprudence, only convictions prior to the commission of the last offense are considered. Therefore, the accused had only two qualifying prior convictions, not three.
2. Yes, by majority opinion. The generic aggravating circumstance of recidivism (under Article 14[9] of the Revised Penal Code) should be considered in fixing the principal penalty, even when the accused is also declared an habitual delinquent. The Court held that recidivism and habitual delinquency are distinct legal concepts with different elements. Recidivism requires a prior final conviction at the time of trial for the new crime, while habitual delinquency requires a specific number of prior convictions for enumerated crimes before the commission of the latest offense. Considering recidivism in the principal penalty does not constitute double counting, as it is not an integral element of habitual delinquency.

DISPOSITION:
The appealed judgment was modified. The accused was found guilty of theft. Considering the aggravating circumstance of recidivism, the principal penalty was increased to six months and one day of prision correccional. As an habitual delinquent (with two valid prior convictions), he was sentenced to an additional penalty of three years of prision correccional under subsection (a) of Article 62(5) of the Revised Penal Code.

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