Title
Torres y Sumulong vs. Gonzales
Case
G.R. No. 76872
Decision Date
Jul 23, 1987
The court ruled that the cancellation of a conditional pardon and subsequent rearrest for violation of its terms is a non-reviewable executive act.
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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

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