Philippine Bar review · Question

Practice question: Quasi-recidivism

Multiple Choice Medium Jurisprudence

Practice question

Mila fully serves a prior sentence. Only after its completion does she commit a new felony. On those facts alone, does the completed sentence establish quasi-recidivism for that new felony?
  1. Yes, any past imprisonment is sufficient.
  2. Yes, because sentence completion is Article 160's trigger.
  3. No; the new felony was not committed before beginning or while serving that sentence.
  4. Yes, if the old and new crimes have different victims.
  5. No, because Article 160 applies only to fines.

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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