Philippine Bar review · Question

Practice question: Quasi-recidivism

Multiple Choice Medium

Practice question

While lawfully being transported under custody to court during service of a final sentence, an offender commits a new RPC felony. All Article160 requirements are properly alleged and proved. Is being outside the prison walls alone a defense?
  1. Yes, a courthouse route suspends all penal law
  2. Yes, only crimes inside cells qualify
  3. Yes, transport automatically completes the sentence
  4. No
  5. Yes, the van’s color changes finality

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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