People v. Salle

People v. Salle

G.R. No. 103567 December 4, 1995

Davide, Jr., J.

Facts:

                The accused-appellants were found guilty beyond reasonable doubt as co-principals of the compound crime of murder and destructive arson and were each sentenced to suffer the penalty of reclusion perpetua. Ricky Mengote was granted a conditional pardon.

Issue:

                whether or not a pardon granted to an accused is enforceable during the pendency of his appeal from a judgment of conviction by the trial court

Held:

                Section 19, Article VII thereof reads as follows:

Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. (emphasis supplied)

Where the pardoning power is subject to the limitation of conviction, it may be exercised at any time after conviction even if the judgment is on appeal. It is, of course, entirely different where the requirement is “ final conviction, “ as was mandated in the original provision of Section 14, Article IX of the 1973 Constitution, or “conviction by final judgment,” as presently prescribed in Section 19, Article VII of the 1987 Constitution. In such a case, no pardon may be extended before a judgment of conviction becomes final.

A judgment of conviction becomes final (a) when no appeal is seasonably perfected, (b) when the accused commences to serve the sentence, (c) when the right to appeal is expressly waived in writing, except where the death penalty was imposed by the trial court, and (d) when the accused applies for probation, thereby waiving his right to appeal. Where the judgment of conviction is still pending appeal and has not yet therefore attained finality, as in the instant case, executive clemency may not yet be granted to the appellant.

Hence, before an appellant may be validly granted pardon, he must first ask for the withdrawal of his appeal, i.e., the appealed conviction must first be brought to finality.