RECIDIVISM QUASI RECIDIVISM
A recidivist is one who, at the time Any person, who shall commit a
of his trial (from arraignment to
announcement of sentence) for one
crime, shall have been previously
convicted by final judgement of
another crime embraced in the
same title of this code.
Crimes committed Present crimes and the present
crimes are embraced in the same
title
Period of time What is important is the date of
trial of the present crime in relation
REITERACION
When the offender has been
felony after having been convicted
by final judgement, before
beginning to serve such sentence,
or while serving the same.
An extraordinary aggravating
circumstances which cannot be
offset by an ordinary mitigating
circumstance of voluntary
surrender or confession
Previous crime may fall under the
RPC and special law but the present
must be a felony punishable under
the RPC or special law which adopts
the technical nomenclature of the
penalties of the RPC.
“before beginning the service of
sentence” includes period of parole
The nature of the previous crime
and present crime is not material
What is important is the date of commission of the present crime
HABITUAL DELINQUENCY
A person who, within 10 years from
previously punished for an offense
to which the law attaches an equal
or greater penalty or for two or
more crimes to which it attaches a
lighter penalty
“previously punished” : the
accused has served out the
sentence for his previous crime
What is controlling is the penalty
prescribed by law for previous and
presents crimes and not the penalty
actually imposed by the courts.
As distinguished from recidivism,
reiteracion requires that the
previous offenses should not be
embraced in the same title.
The penalty for the previous crime
is equal or greater than that for the
present crime or the penalty for the
2 previous crimes is lighter than
that for the present crime.
the date of his release or last
conviction of the crimes of serious
or less serious physical injuries,
robbery, theft, estafa or
falsification, (FLERTS) is found
guilty of any of the said crimes, a
third time or oftener.
Not a crime in itself; it is an
Additional penalty for the criminal
propensity of the accused, in
addition to the penalty for the last
crime for which he is found guilty.
Habitual delinquency may be
appreciated regardless of the stage
of execution. (reveals the same
perversity and depravity)
The previous, subsequent and
present crimes must be serious or
less serious physical injuries, theft,
estafa, robbery, and falsification
What is important is the date of
conviction of the subsequent or
present crime in relation to the

Number of crimes committed
Effects in relation to the penalty
to date of conviction of his previous
crime.
There must be at least 2 crimes
Ordinary aggravating circumstances
Special aggravating circumstances
There must be at least 2 crimes; but
if the penalty for the previous
crimes is lighter than that for the
present crime, there must be at
least 3 crimes
Ordinary aggravating circumstances
date of his last release or
conviction.
there must be at least 3 crimes
Special or extraordinary aggravating
circumstances, the presence of
which will require the imposition of
penalty in addition to the principal
penalty