Philippine Bar review · Question

Practice question: Reiteración or Habituality

Multiple Choice Hard

Practice question

An offender has two completed prior punishments, but the prosecutor proves neither which offenses they concerned nor their legal penalties. It asserts that the number two alone is enough. What must still be established?
  1. Any two punishments automatically satisfy every alternative
  2. The statutory comparative-penalty and other qualifying facts, not just a raw count
  3. Only the prison’s address is missing
  4. Two allegations always equal two lighter offenses
  5. The accused must invent the prosecution’s missing comparisons

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

Answer this question in flashcards to review your response and continue practicing.