Criminal Law › The Revised Penal Code – Book One › Criminal Liability

9. Repetition of Crimes

4 Forms of Repetition:

  • Recidivism (Art. 14, par. 9);
  • Reiteracion or habituality (Art. 14, par. 10);
  • Multi-recidivism or habitual delinquency (Art. 62, par. 5); and
  • Quasi-recidivism (Art. 160)

Previous crime and present crime

If there is only one prior offense, it must be punishable by a penalty equal or greater than that for the present crime. The penalty for the previous crime of homicide, which has been served out, is reclusion temporal while that for simple rape is reclusion perpetua. There is no reiteracion because the penalty for the previous crime of homicide is lesser than that for simple rape. (People v. Race, Jr., G.R. No. 93148)

If there is more than one prior crime, reiteracion is present even if previous crimes are punishable by a penalty lesser than that for present crime. Thus, there is reiteracion even if the penalties for grave slander, qualified trespass to dwelling and robbery, which have been served out, are lesser than that for the crime of murder. (People v. Molo, G.R. No. L44680) Owner verification needed: the source identifies this case as People v. Molo, G.R. No. L-44680, January 11, 1979.

In appreciating reiteracion, what is controlling is the penalty prescribed by law for the previous and present crimes and not the penalty actually imposed by the court after trial. (Campanilla, Criminal Law Reviewer Volume I)

RECIDIVISM VS. REITERACION VS. HABITUAL DELINQUENCY VS. QUASI-RECIDIVISM

RECIDIVISM HABITUALITY or REITERACION HABITUAL DELINQUENCY QUASI-RECIDIVISM
AS AN AGGRAVATING CIRCUMSTANCE
Generic aggravating circumstance Generic aggravating circumstance Extraordinary aggravating circumstance Special aggravating circumstance
AS TO CRIMES COMMITTED
Crimes involved must be embraced in the same title of the Code. Involves any crime. Crimes are specified (serious or less serious physical injuries, robbery, theft, estafa, or falsification). Involves any crime. Second offense must be a felony, while the first offense need not be.
AS TO THE PERIOD OF THE CRIMES ARE COMMITTED
At the time of trial for the new crime, the offender has previously been convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. Offender previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense. The offender is convicted a third time or oftener of an enumerated crime, with each subsequent conviction occurring within ten years from the offender’s release or last conviction. Offender has been convicted of an offense and commits another felony before or during serving sentence.
AS TO THEIR EFFECTS
A generic aggravating circumstance. A generic aggravating circumstance. An extraordinary aggravating circumstance (imposes an additional penalty). A special aggravating circumstance.

Art. 160. Commission of Another Crime during Service of Penalty Imposed for another Previous Offense

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

---

Authorities

  • Campanilla, Criminal Law Reviewer Volume I
  • People v. Molo, G.R. No. L-44680, 11 January 1979
  • People v. Race, Jr., G.R. No. 93148
  • Revised Penal Code, Sec. 14
  • Revised Penal Code, Sec. 160
  • Revised Penal Code, Sec. 62