Case Digest (G.R. No. 76872)
Facts:
- Wilfredo Torres y Sumulong (petitioner) filed a case against Hon. Neptali A. Gonzales, Chairman of the Board of Pardons and Parole, and the Director of the Bureau of Prisons (respondents).
- Torres was convicted by the Court of First Instance of Manila for two counts of estafa, receiving a sentence of eleven years, ten months, and twenty-two days to thirty-eight years, nine months, and one day, along with an indemnity of P127,728.75.
- The Court of Appeals affirmed this conviction.
- On April 18, 1979, Torres was granted a conditional pardon by the President, which required him to adhere to all penal laws.
- On May 21, 1986, the Board of Pardons and Parole recommended the cancellation of Torres's conditional pardon due to his involvement in multiple criminal charges, including twenty counts of estafa and a pending sedition conviction.
- The recommendation was based on evidence from the National Bureau of Investigation (NBI) indicating Torres's extensive criminal history.
- The President canceled the conditional pardon on September 8, 1986, leading to an Order of Arrest and Recommitment issued on October 10, 1986.
- Torres was arrested and confined in Muntinlupa to serve the remaining portion of his original sentence.
- He filed a petition for habeas corpus, claiming he had not violated the terms of his conditional pardon and was denied due process.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled against the petitioner, stating that a final conviction is not required for the recommitment of a convict who has violated the conditions of a conditional pardon.
- The Court also deter...(Unlock)
Ratio:
- The Court's decision was based on Section 64 (i) of the Revised Administrative Code, which empowers the President to grant pardons and set their conditions.
- The determination of a violation of a pardon condition is an executive act and not subject to judicial review.
- Previous cases, such as Tesoro v. Di...continue reading
Case Digest (G.R. No. 76872)
Facts:
The case involves Wilfredo Torres y Sumulong (petitioner) against Hon. Neptali A. Gonzales, the Chairman of the Board of Pardons and Parole, and the Director of the Bureau of Prisons (respondents). The events leading to this case began with Torres's conviction by the Court of First Instance of Manila for two counts of estafa, resulting in a sentence of eleven years, ten months, and twenty-two days to thirty-eight years, nine months, and one day, along with an indemnity of P127,728.75. This conviction was affirmed by the Court of Appeals. On April 18, 1979, Torres was granted a conditional pardon by the President of the Philippines, which stipulated that he must not violate any penal laws.
However, on May 21, 1986, the Board of Pardons and Parole recommended to the President the cancellation of Torres's conditional pardon, citing his involvement in multiple criminal charges, including twenty counts of estafa and a conviction for sedition, which was pending appeal. The Board's recommendation was based on evidence from the National Bureau of Investigation (NBI) indicating a long history of criminal charges against Torres. On September 8, 1986, the President canceled Torres's conditional pardon, leading to an Order of Arrest and Recommitment issued on October 10, 1986. Torres was subs...