Practice question
For a present offense, the prosecution invokes reiteración only by saying the accused has 'many bad antecedents.' It establishes no qualifying prior sentence, punishment, or prescribed-penalty comparison. The defense contests the claim. Which is best?
- The phrase itself conclusively establishes Article14(10).
- Bad reputation replaces all statutory conditions.
- The contested general assertion does not establish the specific prior-punishment and penalty-comparison requirements.
- Any old accusation is enough.
- The number of newspaper stories supplies the comparison.
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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