Philippine Bar review · Question

Practice question: Multi-recidivism or Habitual Delinquency

Essay Hard

Practice question

Explain why the qualifying conviction count is a substantive sentencing fact in habitual delinquency rather than an irrelevant label.

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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