People v Lagarto G.R. 65833FactsRegional Trial Court 8th Judicial Region, Branch XXII of Laoang, Northen Samar convicted Lagarto finding him guilty beyond reasonable doubt of the crime murder. On May 25, 1983 Reynaldo Acudal was fatally stabbed, the accused was apprehended by Pfc. Wenefredo Laguitan whose commendable fleeing after the crime. The prosecution charged the accused in the amended information of Murder define and penalized under Article 248 of the Revised Penal Code. Lagarto has been convicted for the crime of Homicide in Criminal Case No. 1473, judgment on the said conviction was rendered September 15, 1983, and hence the accused was arraigned on October 11, 1983 for Criminal Case No. 1566 for the crime of Murder, that the Criminal case no. 1473 and Criminal Case No. 1566 fall under recidivist.

IssueWhether or not the court correctly appreciated the existence of recidivism and qualify the circumstance?

HeldRequirements of recidivist1. Offender is on trial for an offense2. He was convicted by final judgment of another crime3. 1st and 2nd offense embrace the same title of this code4. That the offender is convicted of the new offenseSupreme Court ruled that requisites of an aggravating crime fall under recidivist is present on the said case. The phrase at the time of trial should not be restrictively construed as to mean the date of arraignment. Therefore it is ruled that the court correctly appreciate the existence of recidivism and the crime committed by the accused qualify the circumstance.