What is reiteracion or repetition?

It is a circumstance where the offender, at the time of his trial for an offense, has been previously served a sentence to which the law attaches an equal or greater penalty than that attached by law to the second offense, or for two or more offenses, in which the law attaches a lighter penalty. It is not necessary that the offenses be covered under the same title of the Penal Code.

This is a generic aggravating circumstance. If present, the maximum of the penalty shall be imposed.

Reiteracion is not always aggravating. 


Requisites:

(1) Accused is on trial for an offense

(2) He previously served sentence
(a) for another offense to which the law attaches an equal or greater penalty, OR
(b) for two or more crimes to which it attaches lighter penalty than that for the new offense

(3) He is convicted of the new offense


Note:

■ It is necessary in order that there be reiteracion that the offender has already served out the penalty. If the offender had not yet served out his penalty, forget about reiteracion.

■ The penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. If that is the situation, that means that the offender was never reformed. However, if he commits a felony carrying a lighter penalty subsequently, the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter penalty, then he becomes a repeater because that means he has not yet reformed.


Repetition is aggravating

(A)   1st crime: penalty
       2nd crime: penalty should be higher or at least equal to the penalty of the first offense

(B)   1st crime: penalty
        2nd crime: lighter penalty
        3rd crime: lighter penalty


Repetition is NOT aggravating

(A)   1st crime: penalty
       2nd crime: lighter penalty