Case Digest (G.R. No. 224945)
Facts:
In Florena Sales, on behalf of Fidel Ariston, petitioner, vs. The Director of Prisons, respondent (87 Phil. 492, October 13, 1950), Florena Sales sought habeas corpus relief for her stepfather, Fidel Ariston, then confined at New Bilibid Prison. Ariston had been convicted on August 31, 1939 by the Court of First Instance of Camarines Sur for frustrated murder and sentenced to one year and eight months of prision correccional to seven years of prision mayor. After serving two years, three months, and one day, he received a conditional pardon from the President of the Philippines on January 6, 1942, conditioned on his observance of all penal laws. On February 1, 1950, Ariston was again convicted by the Court of First Instance of Manila of estafa, sentenced to three months and eleven days of arresto mayor with P180 indemnity, and thereafter recommitted. By Executive Secretary order dated April 10, 1950—under the authority conferred on the President by Section 64(i) of the Revised ACase Digest (G.R. No. 224945)
Facts:
- Original Conviction and Conditional Pardon
- August 31, 1939 – Court of First Instance of Camarines Sur convicts Fidel Ariston of frustrated murder; sentences him to 1 year 8 months of prision correccional to 7 years of prision mayor.
- Serves 2 years, 3 months, and 1 day; on January 6, 1942, receives a conditional pardon from the President of the Philippines.
- Pardon condition: he must not violate any penal law; violation entails recommitment to serve unexpired portion of original sentence.
- Subsequent Offense and Executive Recommitment
- February 1, 1950 – Court of First Instance of Manila convicts Ariston of estafa; sentences him to 3 months 11 days of arresto mayor plus P180 indemnity (with subsidiary imprisonment).
- April 10, 1950 – Executive Secretary, by authority of the President under section 64(i) of the Revised Administrative Code, orders recommitment of Ariston to serve unexpired portion (4 years 8 months 29 days) of original sentence.
- Habeas Corpus Petition
- Petitioner (Florena Sales, on behalf of Ariston) files habeas corpus, arguing:
- President lacks authority to recommit; violation of a conditional pardon is penalized by Article 159 of the Revised Penal Code (RPC) and requires prosecution and conviction under that article.
- Article 159 mandates either prision correccional in minimum or, if remitted penalty > 6 years, the unexpired portion of original sentence—no summary recommitment by executive order.
- Respondent contends section 64(i) of the Revised Administrative Code remains in force and authorizes summary arrest and reincarceration for violation of pardon conditions.
Issues:
- Has Article 159 of the Revised Penal Code repealed or abrogated the President’s power under section 64(i) of the Revised Administrative Code to recommit a pardoned convict who violates the pardon conditions?
- Does summary recommitment by executive order, without judicial trial, violate the constitutional guarantee of due process?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)