Practice question
Can ordinary mitigating circumstances simply offset established quasi-recidivism as if it were an ordinary generic aggravating circumstance?
- Yes, any ordinary mitigation automatically cancels Article160
- No
- Yes, the accused may erase it by preference
- Only the prison’s name decides
- Yes, it has no sentencing effect
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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