b. Quasi-recidivism

QUASI-RECIDIVIST

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 considered as a quasi-recidivist. (Art. 160, RPC)

As an extraordinary aggravating circumstance

Quasi-recidivism is an extraordinary aggravating circumstance and cannot be offset by an ordinary mitigating circumstance. (People v. Macariola, G.R. No. L-40757)

Previous and present crime

Quasi-recidivism will be appreciated regardless of whether the previous crime, for which an accused is serving sentence at the time of the commission of the crime charged, falls under the RPC or under special law. (People v. Aticia, G.R. No. L-88176)

Before serving sentence

One who committed a crime outside of prison before he begins to serve his sentence for homicide is a quasi-recidivist. (1968 and 1988 Bar Exams) If the accused is placed on probation, the conviction shall become final but the service of sentence shall be suspended. One who committed a crime while on probation is a quasi-recidivist because the crime was committed before serving her sentence for the previous crime for which she is placed under probation. (People v. Salazar, G.R. No. 98060)

If the pardon is absolute, the criminal liability is extinguished, and thus, the penalty is considered as served out. One who committed a crime after the grant of absolute pardon is not a quasi-recidivist. But reiteracion may be appreciated. (Campanilla, Criminal Law Reviewer Volume I)

While serving sentence, there is quasi-recidivism:

• Where the convicted prisoner killed the victim inside the New Bilibid Prison (People v. Alvis, G.R. No. L-89049); or
• Where the convicted prisoner escaped from a penal colony, and then committed robbery with homicide. (People v. Retania, G.R. No. L84841)

Quasi-recidivism vs. Reiteracion

Quasi-recidivism cannot at the same time constitute reiteracion since the former exists before accused begins to serve sentence or while serving the same while the latter exists after accused has duly served sentence, hence this aggravating circumstance cannot apply to a quasi-recidivist.

Quasi-recidivism

• This is not a felony but a special aggravating circumstance. The effect is to impose the maximum period of the penalty applicable for the subsequent felony.
• Ordinary mitigating circumstances do not offset quasi-recidivism. A privileged mitigating circumstance, such as minority, reduces the penalty by degree; impose the maximum period of the penalty as so reduced (Revised Penal Code, Arts. 68 and 160; People v. Macariola, G.R. No. L-40757, January 24, 1983).
• Quasi recidivism involves two crimes.
• The 1st one may be any crime, whether punished under the RPC or special laws.
• The 2nd one, which is committed before serving sentence for the first one, or while serving the same, should be a felony.

(This is because Art. 160 speaks of “the maximum period” of the penalty prescribed by law for the new felony. Penalties prescribed by special laws have no periods, unlike felonies in the RPC.)

• Not required that both crimes are embraced in the same titles of the RPC
• Different from recidivism, where the first and second offenses must be embraced in the same title of the RPC
• Different from reiteracion, which requires that the offender first finishes serving out his sentence before committing another crime.