Photo from Pexels | Ron Lach
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The concepts of Recidivism, Habituality, Quasi-Recidivism, and Habitual Delinquency are significant aggravating circumstances under the Revised Penal Code. These terms relate to repeated commission of offenses and reflect a pattern of criminal behavior.
Recidivism is committed when one, who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. (Article 14, par. 9 of the RPC)
In order to appreciate recidivism as an aggravating circumstance, it is necessary to allege it in the information and to attach certified true copies of the sentences previously meted out of the accused. (Pp v. Dacillo, G.R. No. 149368, April 14, 2004)
Habituality or reiteracion is committed when the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. (Article 14, par. 10 of the RPC)
A person shall be deemed to be a habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. (Article 62, par. 5 of the RPC)
For the existence of habitual delinquency, it is not enough that the accused shall have been convicted of any of the crimes specified, and that the last conviction shall have taken place ten (10) years before the commission of the last offense. It is necessary that the crimes previously committed prior to the commission of the offense with which the accused is charged a third time or oftener. (Pp v. Bernal, G.R. No. 44988, October 31, 1936)
Quasi-recidivism is committed when any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. (Article 160 of the RPC)
Quasi-recidivism has for its effect the punishment of the accused with a maximum period of the penalty prescribed by law for the new felony, and cannot be offset by an ordinary mitigating circumstance. (Pp v. Layson, G.R. No. L-25177, October 31, 1969)
Related Articles:
- Gross and Habitual Neglect of Duties
- SC decides: Habitual tardiness and absenteeism constitute neglect of duty
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.