Philippine Bar review · Question

Practice question: Multi-recidivism or Habitual Delinquency

Multiple Choice Hard

Practice question

Two offenders satisfy every qualifying condition, one on the third conviction and the other on the fourth. A sentencing proposal treats habitual delinquency as an ordinary single-step aggravator with no separately specified additional penalties. What has it overlooked?
  1. Only a choice of prison uniform
  2. Article62(5)’s distinct graduated additional-penalty structure
  3. A rule making all repeated offenses identical
  4. A rule replacing the latest conviction with an accusation
  5. A rule forbidding all statutory distinctions

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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