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    Art.159 - Other Cases of Evasion of Service of Sentence - 2

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    ermeline tampus
    The document discusses conditional pardons in the Philippines. It provides three key points: 1) If a convict violates conditions of a conditional pardon and the penalty remitted was less than 6 years, the penalty is prision correccional in its minimum period. If the penalty remitted was more than 6 years, the unexpired portion of the original sentence must be served. 2) Violation of a conditional pardon is a distinct crime that can be prosecuted where the subsequent offense took place. The offender must be found guilty of the subsequent offense before being prosecuted for violating their pardon. 3) The President has the power to authorize reincarceration of an offender who violates their pardon

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    Art.159 - Other Cases of Evasion of Service of Sentence - 2

    Uploaded by

    ermeline tampus
    2K views7 pages
    The document discusses conditional pardons in the Philippines. It provides three key points: 1) If a convict violates conditions of a conditional pardon and the penalty remitted was less than 6 years, the penalty is prision correccional in its minimum period. If the penalty remitted was more than 6 years, the unexpired portion of the original sentence must be served. 2) Violation of a conditional pardon is a distinct crime that can be prosecuted where the subsequent offense took place. The offender must be found guilty of the subsequent offense before being prosecuted for violating their pardon. 3) The President has the power to authorize reincarceration of an offender who violates their pardon

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    Art.159_Other Cases of Evasion of Service of Sentence - 2

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    The document discusses conditional pardons in the Philippines. It provides three key points: 1) If a convict violates conditions of a conditional pardon and the penalty remitted was less than 6 years, the penalty is prision correccional in its minimum period. If the penalty remitted was more than 6 years, the unexpired portion of the original sentence must be served. 2) Violation of a conditional pardon is a distinct crime that can be prosecuted where the subsequent offense took place. The offender must be found guilty of the subsequent offense before being prosecuted for violating their pardon. 3) The President has the power to authorize reincarceration of an offender who violates their pardon

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2K views7 pages

    Art.159 - Other Cases of Evasion of Service of Sentence - 2

    Uploaded by

    ermeline tampus
    The document discusses conditional pardons in the Philippines. It provides three key points: 1) If a convict violates conditions of a conditional pardon and the penalty remitted was less than 6 years, the penalty is prision correccional in its minimum period. If the penalty remitted was more than 6 years, the unexpired portion of the original sentence must be served. 2) Violation of a conditional pardon is a distinct crime that can be prosecuted where the subsequent offense took place. The offender must be found guilty of the subsequent offense before being prosecuted for violating their pardon. 3) The President has the power to authorize reincarceration of an offender who violates their pardon

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 7

    Article 159. Other cases of evasion of service of sentence.

    Crimes The penalty of prision correccional in its minimum


    period shall be imposed upon the convict who, having been

    Against Public granted conditional pardon by the Chief Executive, shall


    violate any of the conditions of such pardon.

    Order However, if the penalty remitted by the granting of


    such pardon be higher than six years, the convict shall then
    suffer the unexpired portion of his original sentence.
    Article 159. Except in cases of impeachment, or as otherwise
    Other cases of evasion of provided in this Constitution, the President may grant
    reprieves, commutations and pardons and remit fines and
    service of sentence. 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 Congress. (Sec. 19, Art. VII of the 1987 Constitution).

    He has the specific power:

    • grant to convicted persons reprieves or pardons, either plenary or partial, conditional,


    or unconditional;
    • to suspend sentences without pardon, fines, and order the discharge of any convicted
    person upon parole, subject to such conditions as he may impose; and
    • to authorize the arrest and reincarceration of any such person who, in his
    judgment, shall fail to comply with the condition, or conditions, of his pardon,
    parole, or suspension of sentence." (Sec. 64[i] of the Revised Administrative Code)
    Nature of conditional Elements of the offense of violation of
    pardon — it is a conditional pardon:
    contract.
    Conditional Pardon That the offender was a convict.
    - a contract between the Chief
    Executive, who grants the
    pardon, and the convict, who That he was granted a conditional
    accepts it. pardon by the Chief Executive.
    - Since it is a contract, the
    pardoned convict is bound to
    fulfill its conditions and accept That he violated any of the conditions
    all its consequences, not as he of such pardon.
    chooses, but according to its
    strict terms.
    "If the penalty remitted by the granting of such
    pardon."
    Two penalties are provided Illustration:
    for in this article:
    a. Prision correccional The accused was sentenced to a penalty of 6
    years and 1 day prision mayor. He served 2
    in its minimum period — if years, 5 months and 22 days of the sentence and
    the penalty remitted does was granted conditional pardon. The term remitted
    by the pardon is 3 years, 6 months and 8 days.
    not exceed 6 years.
    The law applicable is the first part of Art. 159
    b. The unexpired portion which imposes a penalty of prision correccional in
    of his original sentence — its minimum period. (People vs. Sanares, 62 Phil.
    825)
    if the penalty remitted is
    higher than 6 years.
    Violation of conditional pardon is a distinct crime.

    Violation of conditional pardon is a distinct crime so that although the crime of abduction,
    involved in the case in which the accused was granted conditional pardon, was committed in
    Cavite, he should be prosecuted in Rizal where he committed robbery in violation of the
    conditional pardon. (People vs. Martin, 68 Phil. 122)
    The violation of conditional pardon is committed in the place where the subsequent offense is
    perpetrated, because by committing the subsequent offense, he thereby violates the condition
    that “shall not again be found guilty of any crime punishable by the laws of the Philippines.”

    Offender must be found guilty of subsequent offense before he can be prosecuted under
    Art. 159.

    The phrase in the condition that the offender “shall not again commit another crime" does not
    mean merely being charged with an offense. It is necessary that he be found guilty of the offense.
    Violation of conditional pardon distinguished
    from evasion of service of sentence by escaping.
    Offender can be arrested and
    reincarcerated without trial.
    Violation of conditional Evasion of the service of the
    pardon sentence
    Under Sec. 64(i) of the Revised It does not cause harm or injury It is an attempt at least to evade
    Administrative Code, the President to the right of other person nor the penalty inflicted by the
    has the specific power to authorize does it disturb the public order; courts upon criminals and thus
    it is merely an infringement of defeat the purpose of the law of
    the arrest and reincarceration of any the terms stipulated in the either reforming or punishing
    convicted person granted pardon or contract between the Chief them for having disturbed the
    parole who, in his judgment, shall Executive and the criminal. public order. (Alvarez vs.
    fail to comply with the condition or Director of Prisons, 80 Phil. 43)
    conditions of his pardon or parole.
    (Tesoro vs. Director of Prisons, 68
    Phil. 154)
    THANK YOU…

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