Strictly speaking, the former one "" is wrong. It should be "". But in this case, when you make a daily conversation, it's not strange to use "", so you don't have to be worried.
"" is kind of "changing right now", for example
> (Lately, the number of crimes in the country is increasing)
In this case, "" is right because the number of crimes is "still" increasing. And you can NOT use "". But of course, if this is a daily conversation, it is no problem to use "" (although it sounds strange a little bit).
"" is "not changing right now", for example
> (He is apt to ridicule others.)
In this case, "He" is not changing to ridicule others right now, but he has been apt to ridicule since sometime and still he is.