THE PEOPLE OF THE PHILIPPINE ISLANDS vs.

FABIAN MONTERA
No. 34431
August 11, 1931
MALCOLM, J.:

FACTS:

The trial court convicted the accused Montera for the theft of twelve phonograph records and
one flashlight, valued at P30.30. Recidivism was taken as an aggravating circumstance for the accused is
a habitual delinquent. The question of validity of the Habitual Delinquent Law was assailed.

ISSUE:

Whether or not the Habitual Delinquent Law, Act No. 3397, is an ex post facto law in violation of
the Organic Act.

RULING:

No, as previously held by the court in People vs. Madrano [1928], 53 Phil., 860. The Habitual
Delinquent Law is valid as not inflicting cruel or unusual punishment. Statutes which authorize a more
severe punishment to be imposed upon one convicted of a second or subsequent offense are not
objectionable upon the ground that they are ex post facto laws. The statute does not impose additional
crime to the former crimes but to the future crimes.