ARTICLE 14, PARAGRAPH 9- AGGRAVATING CIRCUMSTANCES

That the accused 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.

BASIS
- Greater perversity of offender shown by his inclination to commit crimes

REQUISITES

1. That the offender is on trial for an offense
2. That he was previously convicted by final judgment of another crime
3. That both the first and the second offenses are embraced in the same title of the Code
4. That the offender is convicted of the new offense

• The controlling factor is the time of trial and not the time of commission of the crime; time of trial in this sense encompasses arraignment to the passing down of judgment.
• The previous and the present crime must both be embraced within the same title of the RPC
• Pardon does not obliterate the fact that the accused was a recidivist but amnesty extinguishes the penalty and its effects