Practice question
An offender has been punished for only one prior crime carrying a lighter legal penalty than the new offense. No equal-or-greater prior offense or second lighter prior crime exists. Does that history alone satisfy Article14(10)'s lighter-penalty alternative?
- Yes; one lighter prior crime always suffices.
- No; that alternative requires two or more prior crimes.
- Yes; the prosecution may ignore the word 'two.'
- Yes; every prior offense has the same effect.
- No; because lighter prior crimes can never qualify.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Article14(10), reiteración or habituality.
- https://lawphil.net/judjuris/juri1996/sep1996/gr_109767_1996.html — People v. Monterey, G.R.109767, September3 1996, main opinion on Article14(10); no obsolete penalty amounts applied.
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