Practice question
Explain why proof that an accused was inside a penal institution does not necessarily establish quasi-recidivism. Discuss a prior judgment still under appeal.
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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