Definition Requisites Type of Offenses Involved Effect on Penalty and Special Notes

Aggravating Criminal Liability

Circumstance

Recidivism The offender at the (1) That the offender is on Generic Any offenses found Penalty of new offense is The controlling factor
(Reincidencia) time trial for an offense in the Revised applied at its maximum. is the time of trial and
of his trial for one (2) That he was Penal Code not the time of
crime shall have previously convicted by Penalty cannot be offset commission of the
been previously final judgment of another by mitigating crime; time of trial in
convicted by final crime circumstances. this sense
judgment of another (3) That both the first and encompasses
embraced in the the second offenses are arraignment to the
same title of the embraced in the same passing down of
Revised Penal Code. title of the Code judgment.
(4) That the offender is
convicted of the new Pardon does not
offense obliterate the fact that
the accused was a
recidivist but amnesty
extinguishes the
penalty and its
effects
 Definition Requisites Type of Offenses Involved Effect on Penalty and Special Notes
Aggravating Criminal Liability
Circumstance

Habituality The offender has (1) That the accused is Generic Any offenses found Penalty of new offense is In Reiteracion or
(Reiteracion) been previously on trial for an offense; in the Revised applied at its maximum. Habituality, it is
punished for an (2) That he previously Penal Code essential that the
offense to which the served sentence for Penalty cannot be offset offender be
law attaches an another offense to by mitigating previously punished;
equal or greater which the law circumstances. that is, he has served
penalty or for two or attaches: (a) an equal sentence.
more crimes to which or (b) greater penalty,
it attaches a lighter or (c) for 2 or more
penalty. crimes to which it
attaches lighter
penalty than that for
the new offense; and
(3) That he is convicted
of the new offense.
 Definition Requisites Type of Offenses Involved Effect on Penalty and Special Notes
Aggravating Criminal Liability
Circumstance

Habitual The offender within a (1) That the accused be Extraordinary (1) Serious or less Third Conviction A habitual delinquent
Delinquency period of 10 years on trial for an offense serious Penalty of last crime + is necessarily a
(Multi- from the date of his (2) That the accused physical Prision correcional in its recidivist. For the
recidivism/Delin release or last within a period of 10 injuries medium and maximum purpose of fixing the
quencia conviction of the years from the date of (lesiones periods additional penalty,
Habitual) crimes of serious or his release or last graves / menos recidivism cannot be
less serious physical conviction of the graves) Fourth Conviction taken as an
injuries, robo, hurto, crimes of serious or (2) Robbery (robo) Penalty of last crime + aggravating
estafa or falsification, less serious physical (3) Theft (hurto) Prision mayor in its circumstance for the
is found guilty of any injuries, robo, hurto (4) Swindling minimum and medium reason it is inherent
of the said crimes a estafa or falsification (estafa) periods in habitual
third time or another. (3) That he be found (5) Falsification delinquency.
guilty of any of said (falsificacion) Fifth Conviction
crimes a third time or Penalty of last crime + This rule does not
oftener prision mayor in its apply if the first
maximum period to offense or
reclusion temporal in its subsequent offense
minimum period is not in the same
title (i.e., serious/less
Maximum Penalty serious physical
the total of the two injuries)
penalties to be imposed
upon the offender shall in
no case exceed 30 years.
 Definition Requisites Type of Offenses Involved Effect on Penalty and Special Notes
Aggravating Criminal Liability
Circumstance

Quasi- Any person who 1. Convicted of a final Special Any offenses found Penalty of new offense is e.g., committing a
recidivism shall commit a felony judgment. in the Revised applied at its maximum. crime against a fellow
after having been 2. Subsequent crime Penal Code inmate
convicted by final committed while in Penalty cannot be offset
judgment before custody or before by mitigating
beginning to serve beginning to serve circumstances.
such sentence or sentence.
while serving such
sentence shall be
punished by the
maximum period
prescribed by law for
the new felony.