Philippine Bar review · Question

Practice question: Recidivism

Multiple Choice Medium

Practice question

A prior final theft conviction is fully linked to the accused, and a later estafa is committed twenty years afterward. Both fall in the same RPC title, recidivism is properly alleged and all other conditions are met. Does the twenty-year gap alone defeat Article14(9)?
  1. Yes, only a current prison term counts
  2. Yes, Article14(9) expressly expires after ten years
  3. Yes, every prior conviction expires after one year
  4. No
  5. Yes, elapsed time changes the Code title

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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