Practice question
Before committing estafa, Ramon had already been convicted of theft by final judgment. Theft and estafa are both in Title Ten of the Revised Penal Code. At Ramon's trial for estafa, recidivism is properly alleged and the prior conviction and his identity are proved. May Article 14(9) apply?
- No, because theft and estafa have different names.
- Yes, because the previous final conviction concerns another crime in the same Code title.
- No, unless the same property was involved.
- No, unless both crimes occurred in the same city.
- Yes, solely because any accusation suffices.
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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