PARAGRAPH 10

- This has nothing to do with the classification of the felonies. In reiteracion,

the offender has already tasted the bitterness of the punishment. This is
the philosophy on which the circumstance becomes aggravating.
- Maximum penalty is imposed.
- The felony committed must not be in the same title.

 Has been previously punished,

- Reiteracion is only applicable after you have served your sentence.
- In par. 9, it is prior conviction by final judgment. In par. 10, it is
previous punishment. If it is previous punishment under par. 10, the
offender must have committed the crime after serving his sentence. But
in par. 9, the law says prior conviction by final judgment.

 Punished for an offense to which the law attaches an equal penalty

- When the offender previously committed a felony and subsequently
committed another felony to which the law attaches the same penalty.
e.g. In 1980, X served out a penalty for Homicide. In 2005, X was
charged of Kidnapping and failure to return the Minor. The penalty for
the first felony is the same as the penalty in the second felony.

 Punished for an offense to which the law attaches greater penalty

- When the offender previously committed a felony and subsequently
committed another felony to which the law attaches a higher penalty.
e.g. In 1970, X served out a penalty for Rape. In 2010, X charged of
slight physical injuries. The penalty attached to Rape is higher than the
penalty attached to slight physical injuries

Note: The court assume that the offender has been rehabilitated inside
the jail. Big time to small time, reiteracion will apply.

 Punished for two or more crimes to which it attaches a lighter penalty

- But if there are two counts of acts of lasciviousness and was charge of
homicide, reiteracion will apply. The penalty for homicide is higher than
that of acts of lasciviousness. But here are two counts of acts of
lasciviousness (two crimes to which the law attaches a lesser penalty).
Therefore, reiteracion will apply provided the accused has previously
served his sentence.

- You will only consider the penalty in reiteracion if there is already a

second conviction. When there is a third conviction, you disregard
whatever penalty for the subsequent crimes committed. Even if the
penalty for the subsequent crimes committed are lighter than the ones
 already served, since there are already two of them subsequently, the
offender is already a repeater.

- Reiteracion is not always aggravating. However, if there is only a second

conviction, pay attention to the penalty attached to the crime which
was committed for the second crime. That is why it is said that
reiteracion is not always aggravating. This is so because if the penalty
attached to the felony subsequently committed is not equal or higher
than the penalty already served, even if literally, the offender is a
repeater, repetition is not aggravating.