G.R. No. L-46478; April 5, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GO UG (alias GO YU), ONG TING (alias ANG TI), and HAO BA LIAN (alias MARIANO HAO), defendants-appellants.

FACTS

The appellants were convicted for violating Article 190 of the Revised Penal Code (prohibiting the possession, preparation, and use of prohibited drugs). The trial court imposed the principal penalties and additional penalties for habitual delinquency. The appellants appealed, seeking the elimination of the additional penalties.

ISSUE

Whether the additional penalties for habitual delinquency can be imposed for a violation of Article 190 of the Revised Penal Code.

RULING

No. The Supreme Court modified the judgment by eliminating the additional penalties for habitual delinquency. The Court held that under Article 62, No. 5, last paragraph of the Revised Penal Code, habitual delinquency is considered only for specific crimes against property, namely robbery, theft, estafa, and falsification. The law does not extend this classification to violations of other articles, such as Article 190 on prohibited drugs. Therefore, the additional penalties were improperly imposed.

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