Philippine Bar review · Question

Practice question: Recidivism

Multiple Choice Medium

Practice question

A prior judgment bears a common name but the prosecution establishes that it concerned a different person. It offers no prior conviction of the present accused. Is the matching name alone sufficient?
  1. Yes, name similarity replaces the prior-conviction requirement
  2. Yes, every namesake shares convictions
  3. Yes, titles eliminate identity proof
  4. Yes, the prosecutor may choose any judgment
  5. No

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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