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    Modes of Recidivism & Habituality

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    Paulo De Silva
    This document outlines different modes of recidivism and habitual criminal behavior according to Philippine law. It defines recidivism as committing a second offense of the same title after a final judgment for the first. Habituality involves committing a second offense of a different title after serving time for two or more previous lighter offenses. Multi-recidivism involves committing three offenses like theft within 10 years of the last release or conviction. Quasi-recidivism is committing a new felony before serving time for or while serving time for a previous felony conviction. The penalties increase with each subsequent offense.

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    Modes of Recidivism & Habituality

    Uploaded by

    Paulo De Silva
    179 views1 page
    This document outlines different modes of recidivism and habitual criminal behavior according to Philippine law. It defines recidivism as committing a second offense of the same title after a final judgment for the first. Habituality involves committing a second offense of a different title after serving time for two or more previous lighter offenses. Multi-recidivism involves committing three offenses like theft within 10 years of the last release or conviction. Quasi-recidivism is committing a new felony before serving time for or while serving time for a previous felony conviction. The penalties increase with each subsequent offense.

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    Recidivism

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    This document outlines different modes of recidivism and habitual criminal behavior according to Philippine law. It defines recidivism as committing a second offense of the same title after a final judgment for the first. Habituality involves committing a second offense of a different title after serving time for two or more previous lighter offenses. Multi-recidivism involves committing three offenses like theft within 10 years of the last release or conviction. Quasi-recidivism is committing a new felony before serving time for or while serving time for a previous felony conviction. The penalties increase with each subsequent offense.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    179 views1 page

    Modes of Recidivism & Habituality

    Uploaded by

    Paulo De Silva
    This document outlines different modes of recidivism and habitual criminal behavior according to Philippine law. It defines recidivism as committing a second offense of the same title after a final judgment for the first. Habituality involves committing a second offense of a different title after serving time for two or more previous lighter offenses. Multi-recidivism involves committing three offenses like theft within 10 years of the last release or conviction. Quasi-recidivism is committing a new felony before serving time for or while serving time for a previous felony conviction. The penalties increase with each subsequent offense.

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    MODES OF RECIDIVISM & HABITUALITY

    (Art. 14, Sec. 9 & 10; Art. 62, Sec. 5 and Art. 160)

    Commits Second Offense


    RPC First Offense Effect Penalty To Be
    When Offense Penalty Imposed

    Recidivist Final judgment in 1st After Final Judgment Same title RPC Immaterial Always aggravating. Art. 64
    (Art. 14 (9)) offense of 1st

    Served sentence for 1st After Service of NOT same title of 1) Equal Penalty to 1st
    offense Sentence of 1st RPC offense; OR
    2) Greater penalty to 1st Art. 64
    Habituality or Re ite rac io n offense; OR Not Always
    (Art. 14 (10)) Served sentence for 2 or After service of NOT same title of 3) Greater penalty than Aggravating1 (?)
    more offenses with lighter sentence of 2 or more. RPC previous multi-offenses.
    penalties.

    Second Offense Third Offense 3rd Penalty for last crime


    Multi-recidivism or Convicted: (FRETS) + prision correcional
    Habitual Delinquency Serious or Less Serious Immaterial
    (Art.62 (5)) P.I.; Robbery; Theft; W/in 10 yrs.: From last W/in 10 yrs.: From 4th+ Prision mayor
    Estafa; Falsification release OR AFTER last release OR medium
    conviction AFTER conviction
    FRETS 5th+prision mayor (min.)
    to reclusion temporal
    (min.)

    Special Aggravating
    Quasi-recidivism (Art. 160) Convicted by final Before serving Any Felony Immaterial Circumstance (NOT “SHALL” - Maximum
    judgment. sentence or while offset by ordinary Period of New Felony
    (Felony or Crime2) serving sentence mitigating
    circumstance)

    1
    Discretion by court if penalty to be imposed is death, but previous offenses were against property. (Viada; Reyes p. 397)
    2
    People v. Peralta, 3 SCRA 213; People v. Alicia, 95 SCRA 227)

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