Question & AnswerQ&A (Act No. 3586)
The crimes covered under Act No. 3586 include robo (robbery), hurto (theft), estafa (swindling), embezzlement, and forgery.
The time frame considered is within ten years from the date of the person's release or their last conviction by the courts of the Philippines for the covered crimes.
A person who is found guilty of the specified crimes (robo, hurto, estafa, embezzlement, or forgery) a third time or more within ten years of release or last conviction is deemed an habitual criminal.
Upon a third conviction, the offender shall be sentenced to the penalty provided by law for the last crime committed plus an additional penalty of not less than three nor more than nine years of imprisonment, at the discretion of the court.
For a fourth conviction, the person shall be sentenced to the penalty for the last crime committed plus an additional penalty of not less than ten nor more than fifteen years, subject to the court's discretion.
On a fifth conviction, the individual receives the penalty for the last crime plus an additional imprisonment of not less than sixteen nor more than twenty years, as determined by the court.
For the sixth or any additional conviction, the person is sentenced to the penalty for the last crime committed plus an additional imprisonment of not less than twenty-one nor more than thirty years, at the court's discretion.
Yes, the total imprisonment imposed, including principal and additional penalties, shall not exceed thirty years.
Act No. 3586 amends subsection (d) of Section One of Act No. 3397.
The Act took effect upon its approval on November 27, 1929.
The court has the discretion to impose an additional penalty within the minimum and maximum ranges provided for the third and subsequent convictions.
No, the Act specifically applies only to these five crimes for the purpose of punishing habitual criminals.