ARTICLE 14, PARAGRAPH 10- AGGRAVATING CIRCUMSTANCES

That the offender has been previously punished by 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.

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

REQUISITES

1. That the accused is on trial for an offense
2. That he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense
3. That he is convicted of the new offense

Four forms of repetition

1. Recidivism
2. Reiteracion or habituality
3. Multi-recidivism or habitual delinquency
4. Quasi-recidivism

Recidivism and reiteracion

Reiteracion – must have served out his sentence for the first conviction; previous and subsequent offense must not be embraced within the same title of the RPC
Recidivism – only a final judgment is needed and both offenses must be embraced within the same title of the RPC