Practice question
What status must the previous conviction have for Article 14(9) recidivism?
- It may be a mere police accusation.
- It must be a conviction by final judgment.
- It must always be a conviction already pardoned.
- It must remain an unresolved appeal.
- It must have been rendered by a foreign court under any foreign law.
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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