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?
- Yes, prison location is indispensable.
- Yes, until he is physically admitted to prison no repetition rule can apply.
- No; Article 160 also covers a new felony before beginning service of the prior final sentence.
- Yes, if the new victim is different.
- 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
Answer this question in flashcards to review your response and continue practicing.