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RECIDIVISM (Article 14, par 9) REITERACION/HABITUALITY MULTI-RECIDIVISM (Art. 62, par.

5) QUASI-RECIDIVISM

DEFINITION Where a person, on separate Where the offender has been Where a person within a period of ten Where a person commits felony
occasions, is convicted of two previously punished for an offense years from the date of his release or before beginning to serve or
offenses, embraced in the to which the law attaches an equal last conviction of the crimes of serious while serving sentence on a
same title in the RPC. This is a or greater penalty or for two crimes or less serious physical injuries, previous conviction for a felony.
to which it attaches a lighter robbery, theft, estafa or falsfiation is This is a special aggravating
generic aggravating
penalty. This is a generic found guilty of the said crimes a third circumstance.
circumstance.
aggravating circumstance. time or oftener. This is an
extraordinary aggravating
circumstance

REQUISITES 1. The offender is on trial 1. The accused is on trial for an 1. That the accused is on trial 1. Offender is convicted
for an offense; offense; for an offense; by final judgment of
2. He was previously 2. He previously served 2. That he previously served one offense.
convicted by final sentence for another sentence for another offense 2. He commits another
judgment of another offense to which the law to which the law attaches an felony before
crime attaches an; equal or greater penalty, or beginning to serve such
3. That both the first and a) Equal or for 2 or more crimes to which sentence or while
the scond offesnes are b) Greater penalty or it attaches lighter penalty serving the same.
embraced in the same c) For two or more crimes than that for the new
title of the Code; to which it attaches a offense;
4. That the offender is lighter penalty than 3. That he is convicted of the
convicted of the new that for the new new offense.
offense. offense; and
d) That he is convicted of
the new offense.
ANTECEDENT Previous conviction by final Service of sentence Previous conviction
judgment

NATURE Generic aggravating circumsntance extraordinary aggravating Special aggravating


circumstance circumstance.

CONVICTIONS 2 are enough n/a At least 3 required

PRESCRIPTION None Prescribes after 10 years between


the 2nd or 3rd offense.

PENALTY Aggravating circumstance numbers 9 and 10. May increase the Additional penalty imposed:
penalty in its maximum period. Upon 3rd conviction: Prision
Correcional medium and
maximum
Upon 4th conviction: Prision
mayor minimum and medium
Upon 5th: Prision mayor
maximum and reclusion
temporal minimum

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