Philippine Bar review · Question

Practice question: Reiteración or Habituality

Multiple Choice Hard

Practice question

The offender has completed punishment for one offense carrying an equal legal penalty, in a different RPC title. All Article14(10) conditions are properly alleged and proved. Counsel imports Article14(9)’s same-title test and argues that reiteración must fail. What is correct?
  1. The distinct Article14(10) equal-penalty alternative does not require importing recidivism’s same-title condition
  2. Every repetition doctrine has identical elements
  3. Equal penalties never qualify
  4. Two lighter offenses are required in every situation
  5. Different titles automatically erase previous punishment

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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