Practice question
A prosecutor argues that every earlier criminal case proves recidivism. Explain how the defense and court should test that assertion, using a nonfinal conviction and a different-title conviction as examples.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 14(9), 14(10), 62(5) and 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
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