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  • Baltazar Lacao

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    The accused Lacao, Sr. was found guilty of murder with direct assault on an agent of authority. It was revealed that Lacao, Sr. had previously been convicted of homicide but was later pardoned by the President for that earlier crime. The issue was whether the aggravating circumstance of recidivism could be applied against Lacao, Sr. given his prior pardon. The court held that recidivism could still be applied as a pardon does not erase the fact of a prior conviction under the same title of crimes in the Penal Code, and therefore the latest crime could still be aggravated due to Lacao, Sr.'s status as a repeat offender.

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    The accused Lacao, Sr. was found guilty of murder with direct assault on an agent of authority. It was revealed that Lacao, Sr. had previously been convicted of homicide but was later pardoned by the President for that earlier crime. The issue was whether the aggravating circumstance of recidivism could be applied against Lacao, Sr. given his prior pardon. The court held that recidivism could still be applied as a pardon does not erase the fact of a prior conviction under the same title of crimes in the Penal Code, and therefore the latest crime could still be aggravated due to Lacao, Sr.'s status as a repeat offender.

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    30 views1 page

    Baltazar Lacao

    Uploaded by

    Grey Gap TV
    The accused Lacao, Sr. was found guilty of murder with direct assault on an agent of authority. It was revealed that Lacao, Sr. had previously been convicted of homicide but was later pardoned by the President for that earlier crime. The issue was whether the aggravating circumstance of recidivism could be applied against Lacao, Sr. given his prior pardon. The court held that recidivism could still be applied as a pardon does not erase the fact of a prior conviction under the same title of crimes in the Penal Code, and therefore the latest crime could still be aggravated due to Lacao, Sr.'s status as a repeat offender.

    Copyright:

    © All Rights Reserved
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    of 1

    G.R. No.

    95320 September 4, 1991

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, 


    vs.
    BALTAZAR LACAO, SR., PATRIA LACAO and TRINIDAD LACAO
    MANSILLA, accused-appellants.

    REGALADO, J:

    FACTS: The accused Lacao, SR., was found guilty of complex crime of
    murder with direct assault upon an agent of a person in authority. It
    appeared that Lacao, Sr. was formerly convicted by another court of the
    crime of homicide but it was admitted that he was pardoned (by the
    President) for this earlier crime.

    ISSUE: Since both homicide and murder are found in the same title of
    the Revised Penal Code, can the aggravating circumstance of recidivism
    be taken against the accused even though he was already pardoned of
    the earlier crime of homicide?

    HELD: Yes. Recidivism is still applicable to him to aggravate his latest


    crime. A pardon for a preceding 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. 

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