1. Concept
| Article 160. Commission of another crime during service of penalty imposed for another offense; Penalty. – Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. |
| Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements of the offense:
1) The offender has previous been convicted by final judgment; and,
2) He shall commit another felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same.
NB: The penalty is besides the provisions of Rule 5 of Article 62 (i.e. effect of aggravating circumstances and habitual delinquency).
3. Pardon by 70 years old
GENERAL RULE: Any convict of the class referred to in Article 160 of the revised Penal Code (i.e. commission of another crime during service of penalty imposed for another offense), who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age. (Paragraph 2, Article 160, Ibid.)
EXCEPTION: … unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. (Ibid.)
References
⦁ Book II, Act No. 3815, Revised Penal Code
