RECIDIVISM
A recidivist is 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. [People v. Lagarto (1991)]
Requisites:
(1) Offender is on trial for an offense
(2) He was previously convicted by final
judgment of another crime
(3) Both the first and second offenses are
embraced in the same title of the RPC
(4) Offender is convicted of the new offense
Note: What is controlling is the time of trial, not
the time of commission of the crime. [Reyes,
The RPC]
Basis: the greater perversity of the offender, as
shown by his inclination to commit crimes
QUASI RECIDIVISM
Art. 160. Commission of another crime during
service of penalty imposed for another offense;
Penalty. — Besides the provisions of Rule 5 of
Article 62, 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.
Any convict of the class referred to in this
article, who is not a habitual criminal, shall be
pardoned at the age of seventy years if he shall
have already served out his original sentence,
or when he shall complete it after reaching the
said age, unless by reason of his conduct or
other circumstances he shall not be worthy of
such clemency.
The first crime for which the offender is serving
sentence need not be a felony. [People vs.
Peralta]
Penalty. — Besides the provisions of Rule 5 of
Article 62, 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.
Elements:
(1) Offender was already convicted by final
judgment of one offense;
(2) He committed a new felony before
beginning to serve such sentence or while
serving the same.
HABITUALITY (REITERACION)
Basis: same as recidivism
Requisites:
(1) Accused is on trial for an offense
(2) He previously served sentence
(a) for another offense to which the law
attaches an equal or greater penalty, OR
(b) for two or more crimes to which it attaches
lighter penalty than that for the new offense
(3) He is convicted of the new offense
HABITUAL DELINQUENCY
Requisites:
(1) Offender had been convicted of any of the
crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification
(2) After that conviction or after serving his
sentence, he again committed, and, within 10
years from his release or first conviction, he was
again convicted of any of the said crimes for the
second time
(3) After his conviction of, or after serving
sentence for, the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third time
or oftener. [Art. 62, RPC]
Purpose of the law in imposing additional
penalty:
To render more effective social defense and the
reformation of habitual delinquents (Reyes,
quoting People v. Abuyen)