Generic aggravating circumstance

Recidivism is a generic aggravating circumstance under Article 14 (9) of the Revised Penal Code.


Who is a recidivist?

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. [Art. 14(9), Revised Penal Code]


Requisites:
  1. Offender is on trial for an offense;
  2. He was previously convicted by final judgment of another crime;
  3. Both the first and second crimes are embraced in the same title of the Code;
  4. Offender is convicted of the new offense. {Reyes, Book 1}

At the trial

● At the trial" is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court (People v. Lagarto, G.R. No. 103805 May 17, 1993)

● The controlling factor is the time of trial and not the time of commission of the crime.


Example:

The accused was convicted of homicide on September 15, 2020. There being no appeal, the judgment therein became final on September 30, 2020. The second conviction was rendered on October 15, 2020 for murder. The accused is a recidivist since he had been convicted by final judgment at the time of the rendition of the judgment for the second offense and both crimes are embraced in the same title of the Code.


Pardon does not obliterate recidivism

● Pardon for the first offense does not obliterate the fact that the accused is a recidivist upon his conviction of a second offense embraced in the same title of the Code (People v. Lacao, G.R. No. 95320 September 4, 1991)

● A pardon should not be an impediment to the consideration of recidivation as an aggravating circumstance, for a pardon only produces the extinction of the penalty, but not of its effects (US v. Sotelo, G.R. No. L-9791 October 3, 1914).


Amnesty 

Amnesty on the first felony would not be aggravating as amnesty completely extinguishes the penalty and all its effects (Article 89, RPC; US v. Sotelo, G.R. No. L-9791 October 3, 1914).


"Same title of the Code"

Book 2 of the Revised Penal Code classifies crimes or felonies according to their nature like crimes against national security, against public order, against persons, against property, against chastity and so forth. 

In recidivism, the first and second felonies committed must be under the same title of the Code. Hence, the previous conviction for serious physical injuries will aggravate the subsequent trial for homicide because both crimes fall under crimes against persons. There is no recidivism if the subsequent crime is for robbery since serious physical injuries and robbery are not embraced in same title of the Code.

There is no recidivism if the crime committed is a violation of a special law. The first and second crimes must covered by the RPC and embraced by the same Title of the said Code.