Philippine Bar review · Question

Practice question: Recidivism

Multiple Choice Medium Jurisprudence

Practice question

Before a theft, Sonia had been convicted by final judgment of homicide. Homicide is in Title Eight, while theft is in Title Ten. The prosecutor relies solely on Article 14(9). Is its same-title requirement met?
  1. Yes, because both are crimes.
  2. Yes, because all felonies share one title.
  3. No; the stated crimes are in different Code titles.
  4. Yes, if the homicide sentence was longer.
  5. No, because recidivism requires three prior convictions.

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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