Practice question
A proven quasi-recidivist commits a new felony with a divisible statutory penalty, properly charged with Article160. Ordinary voluntary surrender is also proved. A party uses Alicia’s historical death sentence to demand death as the necessary result in 2026. Which analysis is sound?
- Apply current lawful penalties and the special rule; the historical death outcome does not override current death prohibition
- Alicia automatically revives death in every case
- Voluntary surrender automatically erases the new offense
- Every quasi-recidivist must receive death regardless of the new penalty
- The older case repeals later legislation
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- People v. Alicia, GR L-38176, January22 1980, MAIN decision, special aggravating character of quasi-recidivism only: https://lawphil.net/judjuris/juri1980/jan1980/gr_38176_1980.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
- RA9346 Sections1-2, current prohibition on death and substitute penalties: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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