G.R. No.

L-37483 June 24, 1983

THE PEOPLE OF THE PHILIPPINES, appellee, 
vs.
ANTONIO OQUIÑO, ROMULO LAGARIO alias
"Rogelio Lagario", and ARNIDO
CALOSOR, accused, ROMULO LAGARIO alias
"Rogelio Lagario", appellant.

PER CURIAM:
FACTS: The accused is facing trial for robbery with
homicide. During PROMULGATION OF JUDGMENT
ON July 10, 1973, he was convicted. During his trial ,
his criminal record was also disclosed. Thus, it was
proven that he had previous criminal records to wit:;
The accused, Romulo Lagario is a habitual delinquent, having been previously found
guilty by final judgment in the City Court of Tacloban, in the following cases, to wit:

CRIME DATE OF DATE OF DATE OF

COMMISSION CONVICTION RELEASE

Theft 4/15/1968 5/28/1968 3/

28/1969

Theft 4/19/1969 7/2/1969 2/2/1971

Theft 3/29/1969 10/28/1969 2/2/1971

QUESTION: What is the legal effect of these previous convictions of

the accused?

ANSWER: He was found as having committed robbery with homicide

with both recidivism and habitual delinquency as aggravating and
special aggravating circumstances.

By reason of his previous three convictions by final judgment for the

crime of theft, the lower court also rightly considered him as a
recidivist and a habitual delinquent.

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