Torres v. Gonzales

Torres v. Gonzales

G.R. No. 76872 July 23, 1987

Feliciano, J.

Facts:

                Sometime before 1979, petitioner was convicted by the Court of First Instance of Manila of the crime of estafa (two counts) and was sentenced to an aggregate prison term of from eleven (11) years, ten (10) months and twenty-two (22) days to thirty-eight (38) years, nine (9) months and one (1) day, and to pay an indemnity of P127,728.75. These convictions were affirmed by the Court of Appeals. The maximum sentence would expire on 2 November 2000.

                On 18 April 1979, a conditional pardon was granted to the petitioner by the President of the Philippines on condition that petitioner would “not again violate any of the penal laws of the Philippines. Should this condition be violated, he will be proceeded against in the manner prescribed by law.” Petitioner accepted the conditional pardon and was consequently released from confinement.

                On 21 May 1986, the Board of Pardons and Parole (the “Board”) resolved to recommend to the President the cancellation of the conditional pardon granted to the petitioner. The evidence before the Board showed that on 22 March 1982 and 24 June 1982, petitioner had been charged with twenty counts of estafa in Criminal Cases Nos. Q-19672 and Q-20756, which cases were then (on 21 May 1986) pending trial before the Regional Trial Court of Rizal (Quezon City). The record before the Board also showed that on 26 June 1985, petitioner had been convicted by the Regional Trial Court of Rizal (Quezon City) of the crime of sedition in Criminal Case No. Q-22926; this conviction was then pending appeal before the Intermediate Appellate Court. The Board also had before it a letter report dated 14 January 1986 from the National Bureau of Investigation (“NBI”), addressed to the Board, on the petitioner. Per this letter, the records of the NBI showed that a long list of charges had been brought against the petitioner during the last twenty years for a wide assortment of crimes including estafa, other forms of swindling, grave threats, grave coercion, illegal possession of firearms, ammunition and explosives, malicious mischief, violation of Batas Pambansa Blg. 22, and violation of Presidential Decree No. 772 (interfering with police functions). Some of these charges were identified in the NBI report as having been dismissed. The NBI report did not purport to be a status report on each of the charges there listed and identified.

                On 4 June 1986, the respondent Minister of Justice wrote to the President of the Philippines informing her of the Resolution of the Board recommending cancellation of the conditional pardon previously granted to petitioner.

On 8 September 1986, the President cancelled the conditional pardon of the petitioner.

On 10 October 1986, the respondent Minister of Justice issued “by authority of the President” an Order of Arrest and Recommitment against petitioner. The petitioner was accordingly arrested and confined in Muntinlupa to serve the unexpired portion of his sentence.

Issue:

                whether or not conviction of a crime by final judgment of a court is necessary before the petitioner can be validly rearrested and recommitted for violation of the terms of his conditional pardon and accordingly to serve the balance of his original sentence

Held:

                The status of our case law on the matter under consideration may be summed up in the following propositions:

1. The grant of pardon and the determination of the terms and conditions of a conditional pardon are purely executive acts which are not subject to judicial scrutiny.

2. The determination of the occurrence of a breach of a condition of a pardon, and the proper consequences of such breach, may be either a purely executive act, not subject to judicial scrutiny under Section 64 (i) of the Revised Administrative Code; or it may be a judicial act consisting of trial for and conviction of violation of a conditional pardon under Article 159 of the Revised Penal Code. Where the President opts to proceed under Section 64 (i) of the Revised Administrative Code, no judicial pronouncement of guilt of a subsequent crime is necessary, much less conviction therefor by final judgment of a court, in order that a convict may be recommended for the violation of his conditional pardon.

3. Because due process is not semper et unique judicial process, and because the conditionally pardoned convict had already been accorded judicial due process in his trial and conviction for the offense for which he was conditionally pardoned, Section 64 (i) of the Revised Administrative Code is not afflicted with a constitutional vice.

A convict granted conditional pardon, like the petitioner herein, who is recommitted must of course be convicted by final judgment of a court of the subsequent crime or crimes with which he was charged before the criminal penalty for such subsequent offense(s) can be imposed upon him. Again, since Article 159 of the Revised Penal Code defines a distinct, substantive, felony, the parolee or convict who is regarded as having violated the provisions thereof must be charged, prosecuted and convicted by final judgment before he can be made to suffer the penalty prescribed in Article 159.

Succinctly put, in proceeding against a convict who has been conditionally pardoned and who is alleged to have breached the conditions of his pardon, the Executive Department has two options: (i) to proceed against him under Section 64 (i) of the Revised Administrative Code; or (ii) to proceed against him under Article 159 of the Revised Penal Code which imposes the penalty of prision correccional, minimum period, upon a convict who “having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon.” Here, the President has chosen to proceed against the petitioner under Section 64 (i) of the Revised Administrative Code. That choice is an exercise of the President’s executive prerogative and is not subject to judicial scrutiny.