Philippine Bar review · Question

Practice question: Multi-recidivism or Habitual Delinquency

Multiple Choice Hard

Practice question

A sentencing record shows two homicide convictions and a present estafa conviction, but no other prior qualifying offense. The prosecutor says that any third conviction for any crime necessarily establishes habitual delinquency. Which is best?
  1. The specified offense list must be satisfied; a general count of unrelated convictions does not establish Article62(5) habitual delinquency
  2. Every third conviction qualifies regardless of offense
  3. Homicide is expressly the only predicate offense
  4. Estafa is never relevant
  5. The court may amend the statutory list by analogy

Legal references

  • RA7659, Section23, Article62(5): https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html

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