Practice question
A sixth qualifying conviction is established with every required element and proper allegation. The prosecutor invents a new additional-penalty bracket above paragraph(c) solely because six exceeds five. Is that authorized by the stated paragraph?
- No; paragraph(c) covers fifth or additional convictions, with the statutory limits
- Yes, each extra conviction authorizes unlimited invented increases
- Yes, the court may create a new penalty without legislation
- Yes, all caps disappear after five
- Yes, only death may then be imposed
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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