Practice question
An offender has two qualifying prior convictions and is found guilty a third time of a listed offense within the statutory ten-year framework. The complete amended Article 62(5) definition is established. The offender invokes only Article 22’s general favorable-retroactivity rule and says its express exception may never be considered. Which is correct?
- The incorporated habitual-criminal exception must be applied on the established statutory facts
- Article 22 contains no exception
- Every third conviction guarantees favorable retroactivity
- The definition applies only to prison uniforms
- The prosecutor may ignore all statutory conditions
Legal references
- Revised Penal Code, Articles 8, 10 and 22, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- RA 18, Section 1, amended Article 62(5) habitual-delinquent definition: https://lawphil.net/statutes/repacts/ra1946/ra_18_1946.html
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