Philippine Bar review · Question

Practice question: Quasi-recidivism

Multiple Choice Medium Jurisprudence

Practice question

A final judgment convicting Leo has become executory. Before he begins serving that sentence, he commits a new felony. The circumstance is adequately alleged and proved. Leo claims Article 160 applies only to crimes committed inside prison. Is he correct?
  1. Yes, prison location is indispensable.
  2. Yes, until he is physically admitted to prison no repetition rule can apply.
  3. No; Article 160 also covers a new felony before beginning service of the prior final sentence.
  4. Yes, if the new victim is different.
  5. No, because all arrests create quasi-recidivism.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 160.
  • Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • People v Alicia, G.R. No. L-38176, January 22, 1980, main decision, Article 160 requisites and prior special-law conviction (not obsolete death penalties): https://lawphil.net/judjuris/juri1980/jan1980/gr_38176_1980.html
  • People v Capillas, G.R. No. L-38756, November 13, 1984, main decision, prior final judgment required (not obsolete death penalties): https://lawphil.net/judjuris/juri1984/nov1984/gr_l-38756_1984.html

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