Practice question
Which timing of a new felony falls within Article 160's quasi-recidivism rule, assuming the other requisites are met?
- Before any prior judgment exists.
- Only after the previous sentence has been fully served.
- After a prior conviction by final judgment, before beginning or while serving the sentence.
- Whenever the accused has previously been arrested.
- Only while the prior conviction is still under appeal and nonfinal.
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.