Practice question
A fourth qualifying conviction and every habitual-delinquency condition are established. The prosecutor automatically uses the third-conviction additional-penalty bracket. What distinction matters?
- Fourth conviction eliminates the latest offense’s penalty
- Every qualifying count has one identical bracket
- The additional penalty depends only on surname
- Article62(5) grades the additional penalty by third, fourth, and fifth-or-further convictions
- Only pending cases determine the bracket
Legal references
- RA7659 Section23, amended Article62(5), habitual-delinquency definition and additional penalties; no historical death penalty applied: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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