Practice question
A prior final judgment is for the same accused and same RPC title, and Article14(9) is properly alleged and proved. The accused argues that, because Article62 habitual delinquency is not established, recidivism must also fail. Which is correct?
- The two concepts are identical in every case
- The distinct recidivism requirements may be met without habitual delinquency
- Every recidivist needs three qualifying convictions within ten years
- Recidivism requires a separate habitual-delinquency sentence first
- Absence of habitual delinquency cancels all aggravating circumstances
Legal references
- Revised Penal Code, Articles14(9)-(10),19-20 and160, as applicable: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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