7/24/2019 Distinctions.docx

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Distinction

by: Recidivist Habitual Delinguent Quasi-recidivist Reiteration

Conviction

Two convictions are enough. It is enough that the

final judgment has been rendered for the first

offense.

At least 3 convictions are required

Offender is beginning to serve or

serving sentence by virtue of final

judgment and commits a felony.

It is necessary that offender has

served out his sentence for the

first offense.

OffenseCrimes are not specified but embraced in the

same Title.

Crimes are limited and specified to T!"#

$erious%&ess physical injuries' Theft'

!obbery' "stafa' #alsification

(oes not require that the offense

for which the convict is serving

and the new felony committed are

embraced in the same title of the

Code.

)revious and subsequent offense

must not be embraced in the same

title of !)C.

)enaltyIncreased to the ma*imum period. o requirement

as to penalty imposed in the prior conviction.

"ntails additional penalty which increases

with the number of convictions.

)enali+es the convict with the

ma*imum period for the new

felony committed.

)rior crime must have been

penali+ed with an equal or greater

penalty or , or more crimes with

lighter penalty.

)rescription

There is no time limit between the first conviction

and the subsequent conviction. !ecidivism isimprescriptible.

There is a time limit of not more than -

years between every convictions computed

from the first conviction or release from

punishment thereof' to convictioncomputed from the second conviction or

release therefrom' to the third conviction'

and so on.

/o time limit between the first

and subsequent convictions.

It is sufficient that the succeeding

offense be committed after the

commission of the preceding

offense.

/ature

0eneric aggravating circumstance. Always ta1en

into consideration in fi*ing the penalty to be

imposed upon the accused. Can be offset by an

ordinary mitigating circumstance. If not offset' it

would only increase the penalty prescribed by law

for the crime committed to its ma*imum period.

pecial aggravating circumstance. Cannot

be offset by any mitigating circumstance.

Aside from the penalty prescribed by law'

additional penalty shall be imposed

depending upon whether it is already the

third conviction' the fourth' the fifth' and

so on.

pecial aggravating circumstance.

The aggravating circumstances of

recidivism may not be offset by

any ordinary mitigating

circumstance present in the

commission of the crime.

0eneric aggravating

circumstance. /ot always an

aggravating circumstance.

!eiteracion is concerned with the

penalty imposed by law' and not

the nature of the crime.

CircumstanceThe circumstance need not be alleged in the

information.

The circumstance must be alleged in the

information' otherwise' the court cannot

acquire jurisdiction to impose additional

penalty.

pecifically alleged in the

information.

/ecessary to be alleged in the

information.

Submitted by: Teresita Dilabajan, LLB-1 AI0/2"/T I/ C!I2I/A& &A $(ITI/CTIO/4