a. Recidivism

RECIDIVIST

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 RPC. (People v. Lagarto, G.R. No. 65833)

REQUISITES:

• The offender is on trial for an offense;
• He was previously convicted by final judgment of another crime;
• Both the first and the second offenses are embraced in the same title of the code; and
• The offender is convicted of the new offense.

“At the time of his trial for one crime”

What is controlling is the time of trial, not the time of the commission of the crime. It is not required that at the time of the commission of the crime, the accused should have been previously convicted by final judgment of another crime. (Reyes, Book I)

It is meant to include everything that is done in the course of the trial, from arraignment until after the sentence is announced by the judge in open court. (People v. Lagarto, G.R. No. 65833)

However, recidivism can still be appreciated even if before his trial for the present crime, he was convicted by final judgment of his previous crime. (People v. Bernal, G.R. No. 44988)

"Previously convicted by final judgment."

The accused was prosecuted and tried for theft, estafa and robbery. Judgments for three offenses were read on the same day. Is he a recidivist? No, because the judgment in any of the first two offenses was not yet final when he was tried for the third offense. (Reyes, Book I)

There is recidivism even if the lapse of time between two felonies is more than 10 years.

Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.(People v. Colocar, G.R. No. 40871)

REITERACION

There is reiteracion when the offender has been previously punished for 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. (Art. 14, RPC)

REQUISITES:

• The accused is on trial for an offense;
• He previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2 or more crimes to which it attaches lighter penalty than that for the new offense; and
• He is convicted of the new offense.

“Previously punished”

The phrase "previously punished" employed in defining reiteracion means that the accused has served out the sentence for his previous crime. (Campanilla, Criminal Law Reviewer Volume I)

Recidivism and Reiteracion

If the crimes are embraced in the same Title such as homicide and maltreatment, the aggravating circumstance to be appreciated against him is recidivism rather than reiteracion. Reiteracion does not require that the previous offenses be embraced in different Titles of the Code. In reiteracion, the offender commits a crime different from that for which he was previously convicted. (People v. Real, G.R. No. 98436)

Computation of ten-year period

With respect to the period of 10 years, the law expressly mentions the defendant's last conviction or (last) release as the starting point from which the ten-year period should be counted.

Elements:

• That the offender was already convicted by final judgment and sentenced for one offense; and
• That he committed a new felony before beginning to serve such sentence or while serving the same

RECIDIVIST

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 RPC.

A recidivist is entitled to the benefits of the Indeterminate Sentence Law but is excluded from the full-credit benefit for preventive imprisonment under Article 29 of the RPC, as amended by RA 10592; any credit must be determined under that article’s applicable provisions.

REQUISITES:

• That the offender is on trial for an offense;
• That he was previously convicted by final judgment of another crime;
• That both the first and the second offenses are embraced in the same title of the Code; and
• That the offender is convicted of the new offense.

"Previously convicted by final judgment."

The accused was prosecuted and tried for theft, estafa and robbery. Judgments for three offenses were read on the same day. Is he a recidivist? No, because the judgment in any of the first two offenses was not yet final when he was tried for the third offense. (Reyes, Book I)

There is recidivism even if the lapse of time between two felonies is more than 10 years.

Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.(People v. Colocar, G.R. No. 40871)

9. THE ACCUSED IS A RECIDIVIST (PAR. 9)

10. THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED:

9. THE ACCUSED IS A RECIDIVIST (PAR. 9)

a. For an offense to which the law attaches an equal or greater penalty or

"Has been previously punished"

Means that the accused previously served sentence for another offense or sentences for other offenses before his trial for the new offense. (People vs. Abella, G.R. No. L-32205)