Practice question
An offender has been punished for one prior crime whose prescribed penalty equals that of the new offense. All allegation and proof requirements are met. The defense says only a greater prior penalty can qualify. What does the text provide?
- No comparison is required
- Equal is expressly excluded
- Only lighter penalties can qualify singly
- Equal as well as greater penalties satisfy the first alternative
- Only the latest judge’s preference matters
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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