Practice question
At trial, the prosecution identifies an earlier pending case under the same Code title but concedes there is no prior final conviction. It calls the accused a recidivist solely from that pending case. Which is best?
- The required prior final judgment is missing.
- Every pending complaint is a final conviction.
- The prosecutor’s description makes the judgment final.
- Acquittal and conviction are identical.
- The statutory definition contains no adjudication requirement.
Legal references
- Revised Penal Code, Article 14(1), (6) and (9), public position, facilitating nighttime or band, and recidivism: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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