MODES OF RECIDIVISM & HABITUALITY

(Art. 14, Sec. 9 & 10; Art. 62, Sec. 5 and Art. 160)

Commits Second Offense

RPC First Offense Effect Penalty To Be
When Offense Penalty Imposed

Recidivist Final judgment in 1st After Final Judgment Same title RPC Immaterial Always aggravating. Art. 64
(Art. 14 (9)) offense of 1st

Served sentence for 1st After Service of NOT same title of 1) Equal Penalty to 1st
offense Sentence of 1st RPC offense; OR
2) Greater penalty to 1st Art. 64
Habituality or Re ite rac io n offense; OR Not Always
(Art. 14 (10)) Served sentence for 2 or After service of NOT same title of 3) Greater penalty than Aggravating1 (?)
more offenses with lighter sentence of 2 or more. RPC previous multi-offenses.
penalties.

Second Offense Third Offense 3rd Penalty for last crime

Multi-recidivism or
Habitual Delinquency
(Art.62 (5))
Convicted: (FRETS)
Serious or Less Serious
P.I.; Robbery; Theft;
Estafa; Falsification
W/in 10 yrs.: From last
release OR AFTER
conviction
+ prision correcional
Immaterial
W/in 10 yrs.: From 4th+ Prision mayor
last release OR medium
AFTER conviction
FRETS 5th+prision mayor (min.)
to reclusion temporal
(min.)

Quasi-recidivism (Art. 160) Convicted by final
judgment.
(Felony or Crime2)
Before serving
sentence or while
serving sentence
Special Aggravating
Any Felony Immaterial Circumstance (NOT “SHALL” - Maximum
offset by ordinary Period of New Felony
mitigating
circumstance)

1
Discretion by court if penalty to be imposed is death, but previous offenses were against property. (Viada; Reyes p. 397)
2
People v. Peralta, 3 SCRA 213; People v. Alicia, 95 SCRA 227)