You are on page 1of 1

RECIDIVISM judgment, before beginning to serve such

A recidivist is one who, at the time of his trial sentence, or while serving the same, shall be
for one crime, shall have been previously punished by the maximum period of the penalty
convicted by final judgment of another crime prescribed by law for the new felony.
embraced in the same title of the Revised Penal
Code. [People v. Lagarto (1991)] Elements:
(1) Offender was already convicted by final
Requisites: judgment of one offense;
(1) Offender is on trial for an offense (2) He committed a new felony before
(2) He was previously convicted by final beginning to serve such sentence or while
judgment of another crime serving the same.
(3) Both the first and second offenses are
embraced in the same title of the RPC HABITUALITY (REITERACION)
(4) Offender is convicted of the new offense Basis: same as recidivism

Note: What is controlling is the time of trial, not Requisites:


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