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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1997 Jurisprudence                 

  • G.R. No. 51765 March 3, 1997 - REPUBLIC PLANTERS BANK v. ENRIQUE A. AGANA, SR., ET AL.

  • G.R. No. 93397 March 3, 1997 - TRADERS ROYAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 99425 March 3, 1997 - ANTONIO RAMOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 100487 & 100607 March 3, 1997 - ARTURO JULIANO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 106581 March 3, 1997 - PEOPLE OF THE PHIL. v. RENATO FLORES, ET AL.

  • G.R. No. 110419 March 3, 1997 - UERM-MEMORIAL MEDICAL CENTER, ET AL. v. NLRC, ET AL.

  • G.R. No. 114383 March 3, 1997 - PEOPLE OF THE PHIL. v. JOEL COREA

  • G.R. No. 116437 March 3, 1997 - PEOPLE OF THE PHIL. v. PABLITO ANDAN

  • G.R. No. 117161 March 3, 1997 - RAMON INGLES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120704 March 3, 1997 - BARTOLOME C. CARALE, ET AL. v. PAMPIO A. ABARINTOS, ET AL.

  • G.R. No. 123321 March 3, 1997 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123361 March 3, 1997 - TEOFILO CACHO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125198 March 3, 1997 - MSCI-NACUSIP v. NWPC, ET AL.

  • G.R. No. 84449 March 4, 1997 - PEOPLE OF THE PHIL. v. BENEDICTO JAVIER, ET AL.

  • G.R. No. 102876 March 4, 1997 - BATAAN SHIPYARD AND ENG’G CORP. v. NLRC, ET AL.

  • G.R. No. 118607 March 4, 1997 - PEOPLE OF THE PHIL. v. JULITO FRANCO

  • Adm. Matter No. RTJ-96-1335 March 5, 1997 - INOCENCIO BASCO v. LEO H. RAPATALO

  • G.R. No. 126576 March 5, 1997 - RICARDO M. ANGOBUNG v. COMELEC, ET AL.

  • G.R. No. 83598 March 7, 1997 - LEONCIA BALOGBOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 94994-95 March 7, 1997 - PEOPLE OF THE PHIL. v. LILIBETH CACO

  • G.R. No. 106212 March 7, 1997 - PROGRESS HOMES, ET AL. v. NLRC, ET AL.

  • G.R. No. 108395 March 7, 1997 - HEIRS OF TEODORO GUARING, JR. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 108604-10 March 7, 1997 - PEOPLE OF THE PHIL. v. FEDERICO A. BURCE

  • G.R. No. 113420 March 7, 1997 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 113905 March 7, 1997 - LEOPOLDO ALICBUSAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 116211 March 7, 1997 - MEYNARDO POLICARPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 116512 March 7, 1997 - PEOPLE OF THE PHIL. v. WILLIAM O. CASIDO, ET AL.

  • Adm. Matter No. RTJ-96-1353 March 11, 1997 - DANILO B. PARADA v. LORENZO B. VENERACION

  • G.R. No. 127066 March 11, 1997 - REYNALDO O. MALONZO v. COMELEC, ET AL.

  • G.R. No. 117169 March 12, 1997 - PHILTREAD WORKERS UNION, ET AL. v. NIEVES R. CONFESOR, ET AL.

  • G.R. No. 121917 March 12, 1997 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 99301 & 99343 March 13, 1997 - VICTOR KIERULF, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100333 March 13, 1997 - HILARIO MAGCALAS, ET AL. v. NLRC, ET AL.

  • G.R. No. 103611 March 13, 1997 - PEOPLE OF THE PHIL. v. CESAR HERBIETO, ET AL.

  • G.R. No. 107131 March 13, 1997 - NFD INT’L. MANNING AGENTS, INC. v. NLRC, ET AL.

  • G.R. No. 108454 March 13, 1997 - PEOPLE OF THE PHIL. v. TEDDY QUINAO, ET AL.

  • G.R. No. 109779 March 13, 1997 - PEOPLE OF THE PHIL. v. NESTOR MAÑOZCA

  • G.R. No. 110067 March 13, 1997 - LINDA T. ALMENDRAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 111478 March 13, 1997 - GEORGE F. SALONGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111567 March 13, 1997 - PEOPLE OF THE PHIL. v. TEODORICO AVILLANO, ET AL.

  • G.R. No. 116123 March 13, 1997 - SERGIO NAGUIAT, ET AL. v. NLRC, ET AL.

  • G.R. No. 116228 March 13, 1997 - PEOPLE OF THE PHIL. v. EPIFANIO GAYON, ET AL.

  • G.R. No. 116352 March 13, 1997 - J. & D.O. AGUILAR CORP. v. NLRC, ET AL.

  • G.R. Nos. 116596-98 March 13, 1997 - PEOPLE OF THE PHIL. v. LORENZO TOPAGUEN

  • G.R. No. 117266 March 13, 1997 - CONTEMPT PROCEEDINGS AGAINST VENTURA O. DUCAT, ET AL.

  • G.R. Nos. 117955-58 March 13, 1997 - HERMINIGILDO TOMARONG, ET AL. v. ANTONIO C. LUBGUBAN, ET AL.

  • G.R. No. 119058 March 13, 1997 - PEOPLE OF THE PHIL. v. ERLINDA VILLARAN

  • G.R. No. 120853 March 13, 1997 - RUDY ALMEDA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122427 March 13, 1997 - BENJAMIN LAZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123881 March 13, 1997 - VIVA PRODUCTIONS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 91694 March 14, 1997 - PEOPLE OF THE PHIL. v. SABAS CALVO, JR., ET AL.

  • G.R. No. 97626 March 14, 1997 - PHIL. BANK OF COMMERCE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114387 March 14, 1997 - PEOPLE OF THE PHIL. v. ALEJANDRO DEVILLERES

  • G.R. No. 120592 March 14, 1997 - TRADERS ROYAL BANK EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 121765 March 14, 1997 - PEOPLE OF THE PHIL. v. RANDOLF B. MONTEALTO

  • G.R. No. 122646 March 14, 1997 - ADELIA C. MENDOZA v. ANGELITO C. TEH, ET AL.

  • G.R. No. 112229 March 18, 1997 - RAYMOND PE LIM v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 114924-27 March 18, 1997 - DANTE NACURAY, ET AL. v. NLRC, ET AL.

  • G.R. No. 119321 March 18, 1997 - CATALINO F. BAÑEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • Bar Matter No. 712 March 19, 1997 - PETITION OF AL ARGOSINO TO TAKE THE LAWYER’S OATH

  • G.R. Nos. 100382-100385 March 19, 1997 - PEOPLE OF THE PHIL. v. MARIO TABACO

  • G.R. No. 111157 March 19, 1997 - ITOGON-SUYOC MINES, INC. v. OFFICE OF THE PRESIDENT, ET AL.

  • G.R. No. 117029 March 19, 1997 - PELTAN DEVELOPMENT, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121112 March 19, 1997 - FELICIDAD MIRANO, ET AL. v. NLRC, ET AL.

  • G.R. No. 127325 March 19, 1997 - MIRIAM DEFENSOR SANTIAGO, ET AL. v. COMELEC, ET AL.

  • Adm. Matter No. P-95-1159 March 20, 1997 - COURT ADMINISTRATOR v. WILLIAM C. SEVILLO

  • G.R. No. 88684 March 20, 1997 - PEOPLE OF THE PHIL. v. CESAR LACBANES

  • G.R. No. 95551 March 20, 1997 - REPUBLIC OF THE PHIL. v. CONCEPCION S. ALARCON VERGARA, ET AL.

  • G.R. No. 107019 March 20, 1997 - FRANKLIN M. DRILON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116404 March 20, 1997 - FRANCISCO LUNA, ET AL. v. NLRC, ET AL.

  • G.R. No. 117218 March 20, 1997 - PEOPLE OF THE PHIL. v. GERRY NALANGAN

  • G.R. No. 119599 March 20, 1997 - MALAYAN INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127456 March 20, 1997 - JESUS A. JARIOL, ET AL. v. COMELEC, ET AL.

  • Adm. Matter No. MTJ-96-1091 March 21, 1997 - WILFREDO NAVARRO v. DEOGRACIAS K. DEL ROSARIO

  • G.R. No. 107699 March 21, 1997 - ALEX JACOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 116692 March 21, 1997 - SAMAR II ELECTRIC COOPERATIVE v. NLRC, ET AL.

  • G.R. No. 117097 March 21, 1997 - SAMAHAN NG OPTOMETRISTS SA PILIPINAS, ET AL. v. ACEBEDO INTL. CORP., ET AL.

  • G.R. No. 118436 March 21, 1997 - HEIRS OF MANUEL A. ROXAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118836 March 21, 1997 - FEDERICO DORDAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122728 March 21, 1997 - CASIANO A. ANGCHANGCO, JR. v. OMBUDSMAN, ET AL.

  • G.R. No. 123037 March 21, 1997 - TEODORO Q. PEÑA v. HRET, ET AL.

  • Adm. Matter No. P-96-1184 March 24, 1997 - NBI, ET AL. v. RODOLFO TULIAO

  • G.R. No. 106588 March 24, 1997 - RAUL H. SESBREÑO v. CENTRAL BOARD OF ASSESSMENT APPEALS, ET AL.

  • Adm. Matter No. RTJ-89-318 March 25, 1997 - LUCIANA Vda. DE ARAGO v. PATERNO T. ALVAREZ

  • G.R. No. 96229 March 25, 1997 - PEOPLE OF THE PHIL. v. GLORIOSA S. NAVARRO

  • G.R. No. 124137 March 25, 1997 - ROY M. LOYOLA v. COMELEC, ET AL.

  • G.R. No. 126298 March 25, 1997 - PATRIA C. GUTIERREZ v. COMELEC, ET AL.

  • G.R. No. 99032 March 26, 1997 - RICARDO A. LLAMADO v. COURT OF APPEALS, ET AL.

  • G.R. No. 101817 March 26, 1997 - PEOPLE OF THE PHIL. v. FELIPE IMMACULATA

  • G.R. No. 107801 March 26, 1997 - PEOPLE OF THE PHIL. v. ROSARIA V. IGNACIO

  • G.R. No. 110613 March 26, 1997 - PEOPLE OF THE PHIL. v. EDGAR VILLANUEVA

  • G.R. No. 113470 March 26, 1997 - PEOPLE OF THE PHIL. v. DANILO CORBES, ET AL.

  • G.R. No. 115951 March 26, 1997 - ZEBRA SECURITY AGENCY, ET AL. v. NLRC, ET AL.

  • G.R. No. 117378 March 26, 1997 - GIL CAPILI, ET AL. v. NLRC, ET AL.

  • G.R. No. 117408 March 26, 1997 - NATIONAL INVESTMENT AND DEV. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117604 March 26, 1997 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118332 March 26, 1997 - PEOPLE OF THE PHIL. v. IRENEO PEREZ

  • G.R. No. 119528 March 26, 1997 - PAL, INC. v. CIVIL AERONAUTICS BOARD, ET AL.

  • G.R. No. 121031 March 26, 1997 - ROSAURO I. TORRES v. COMELEC, ET AL.

  • G.R. No. 122013 March 26, 1997 - JOSE C. RAMIREZ v. COMELEC, ET AL.

  • G.R. No. 124333 March 26, 1997 - NATIVIDAD P. ARAGON v. COURT OF APPEALS, ET AL.

  • G.R. No. 119877 March 31, 1997 - BIENVENIDO ONGKINGCO, ET AL. v. NLRC, ET AL.

  •  




     
     

    G.R. No. 116512   March 7, 1997 - PEOPLE OF THE PHIL. v. WILLIAM O. CASIDO, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 116512. March 7, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILLIAM O. CASIDO @ "MARIO," and FRANKLIN A. ALCORIN @ "ARMAN," Accused-Appellants.

    The Solicitor General for Plaintiff-Appellee.

    PAO for Accused-Appellants.


    SYLLABUS


    1. CRIMINAL LAW; CRIMINAL LIABILITY; EXTINGUISHMENT; PARDON DIFFERENTIATED FROM AMNESTY. — Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof; while amnesty is by Proclamation of the Chief Executive with the concurrence of Congress, and it is a public act of which the courts should take judicial notice. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does "nor work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon," and it "in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence" (Article 36, Revised Penal Code). While amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.chanroblesvirtual|awlibrary

    2. ID.; ID.; ID.; AMNESTY; RENDERS MOOT AND ACADEMIC APPEALS. — While the pardon in this case was void for having been extended during the pendency of the appeal or before conviction by final judgment and, therefore, in violation of the first paragraph of Section 19, Article VII of the Constitution, the grant of the amnesty, for which accused-appellants William Casido and Franklin Alcorin voluntarily applied under Proclamation No. 347, was valid. This Proclamation was concurred in by both Houses of Congress in Concurrent Resolution No. 12 adopted on 2 June, 1994. The release then of accused-appellants William Casido and Franklin Alcorin can only be justified by the amnesty, but not by the "pardon."cralaw virtua1aw library

    3. ADMINISTRATIVE LAW: PRESIDENTIAL COMMISSION FOR THE GRANT OF BAIL, RELEASE OR PARDON; ADMONISHED FOR FAILURE TO REQUIRE APPLICANTS OF PROOF OF WITHDRAWAL OF APPEAL. — As to the "pardon," we find unsatisfactory the Explanation of the Secretariat of the Committee. It borders on the absurb that its members were unaware of the resolutions of this Court in People v. Hinlo and People v. Salle. As early as 1991, this Court, in People v. Sepada, cited in our Resolution of 30 July, 1996 in this case, already stressed in no uncertain terms the necessity of a final judgment before parole or pardon could be extended. Even in their Comment of 28 August, 1996, the Members of the Secretariat implied that they were all the time aware that a pardon could only be granted after conviction by final judgment; hence, they required from the lawyers Of the applicants the filing with this Court of "motions for the withdrawal of the applicants’ appeals." Thus, they cannot plead ignorance of this condition sine qua non to the grant of pardon. They should have demanded from the applicants the submission of proof of their compliance of the requirement before submitting to the President a favorable recommendation. That alone, at the very least, could have been the basis of a finding of good faith. In failing to observe due care in the performance of their duties, the Members of the Committee caused the President serious embarrassment and thus deserve an admonition. The Members of the Presidential Committee for the Grant of Bail, Release or Pardon and of its Secretariat are admonished to exercise utmost care and diligence in the performance of their duty to save the President from any embarrassment in the exercise of his power to grant pardon or parole.


    R E S O L U T I O N


    DAVIDE, JR., J.:


    In our Resolution of 30 July 1996, we ruled that "the conditional pardons granted in this case to accused-appellants William Casido and Franklin Alcorin are void for having been extended on 19 January 1996 during the pendency of their instant appeal," and disposed of the incident as follows:chanrob1es virtual 1aw library

    WHEREFORE, the accused-appellants’ Urgent Motion To Withdraw Appeal is hereby DENIED and the Bureau of Corrections is DIRECTED to effect, with the support and assistance of the Philippine National Police, the re-arrest of accused- appellants William Casido and Franklin Alcorin who shall then, forthwith, be reconfined at the New Bilibid Prisons in Muntinlupa, Metro Manila, both within sixty (60) days from notice hereof, and to submit a report thereon within the same period. In the meantime, further action on the appeal is suspended until the re- arrest of the Accused-Appellants.chanroblesvirtuallawlibrary

    The Court further resolves to REQUIRE the officers of the Presidential Committee for the Grant of Bail, Release, and Pardon to SHOW CAUSE, within thirty (30) days from notice hereof, why they should not be held in contempt of court for acting on and favorably recommending approval of the applications for the pardon of the accused-appellants despite the pendency of their appeal.

    In a Comment for the members of the Presidential Committee for the Grant of Bail, Release or Pardon (hereinafter Committee), dated 28 August 1996, two members of the Committee’s Secretariat, namely, Nilo C . Mariano (Assistant Chief Prosecutor) and Nestor J. Ballacillo (Solicitor in the Office of the Solicitor General), submitted the following explanation in compliance with the above mentioned resolution:chanrob1es virtual 1aw library

    1. In line with the confidence building measures of government, the President on August 11, 1992 constituted the Presidential Committee for the Grant of Bail, Release or Pardon with the Secretary of Justice as the Chairman and Secretary of National Defense and the Secretary of the Interior and Local Government as members with the directive to establish guidelines for the grant of bail, release or pardon of persons detained or convicted of crimes against national security and public order and violations of the Articles of War. Subsequently, membership to the Committee was expanded to include the Chairman of the Commission on Human Rights and a member of the defunct National Unification Commission who was later on replaced by the Presidential Adviser on the Peace Process.

    2. On 9 December 1992, the President issued an amendment to the guidelines incorporating therein a provision which reads: "Those charged, detained or convicted of common crimes but who can establish by sufficient evidence that they have actually committed any of the crimes/offenses enumerated above may apply for possible grant of bail, release or pardon under these guidelines."cralaw virtua1aw library

    3. Corollary to the constitution of the Committee, a Secretariat was also constituted which was tasked to process and evaluate the applications of those desiring to be granted pardon or recommended for release or bail under the aforementioned guidelines and which will recommend to the Committee those who qualify under the guidelines.

    4. The members of the Secretariat are representatives of the Office of the Chief State Prosecutor, the Board of Pardons and Parole, the Office of the Chief State Counsel, the Bureau of Corrections, the Philippine National Police Legal Service, the Judge Advocate’s Office-Armed Forces of the Philippines, the Office of the Solicitor General, and the Commission on Human Rights (Legal Services).

    5. In the processing and evaluation of the applications for the grant of pardon, release or bail, it was the agreement between the Secretariat and counsels for the applicants who are usually the lawyers of non-government organizations (NGOs), such as the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), the KAPATID, PAHRA, among others, that simultaneous with the processing of the applications, motions for the withdrawal of the applicant’s appeals must be filed by them with this Honorable Court.

    6. With the arrangement, the processing and evaluation of the applications for the grant of pardon, release or bail by the committee resulted in the grant of conditional pardon to 123 applicants and absolute pardon to eight (8) applicants as of June 27, 1994.

    7. The applications for conditional pardon of the aforenamed prisoners were recommended by the Committee to the President for the grant of Conditional Pardon (after the Secretariat had evaluated that the former committed the crimes for which they had been charged in pursuit of their political belief) per Memorandum dated May 25, 1995 and approved by the President on December 29, 1995. The Conditional Pardon paper was signed by the President on January 19, 1996 and the subject prisoners (accused-appellants) were released by the Bureau of Corrections on January 25, 199 6.

    8. Prior to their release, subject prisoners filed an "Urgent Motion to Withdraw Appeal" which was received by the Supreme Court on January 11, 1996. Unfortunately, the Committee failed to verify first whether the counsel of the accused had also withdrawn their appeal or that the NGO lawyers had filed in their behalf a motion to Withdraw their Appeal. It was upon the honest belief of the Secretariat that the NGO lawyers would perform their agreed undertaking, that the Secretariat indorsed the applications for conditional pardon of subject prisoners for favorable action by the Committee, and thereafter by the President.

    9. There was no intention on the part of the Secretariat and the Presidential Committee to violate Section 19, Article VII, of the Constitution, but that what happened was a clear misappreciation of fact.

    10. The Secretariat/Committee was only prompted to act, as they did, in their sincere and zealous effort to take part in the government’s confidence building measure geared towards achieving peace and national reconciliation. To avoid repetition of grant of presidential clemency under similar circumstances, the Secretariat/Committee will require applicants for any executive relief to show proof that their appeal, if any, has been withdrawn and the withdrawal thereof has been also approved before acting on their applications as directed by President Fidel V. Ramos in his handwritten instructions to the Presidential Committee, thru the Executive Secretary, and upon recommendation of Chief Presidential Legal Counsel Rene Cayetano, for the Presidential Committee" to exercise better diligence." (See Annex "1", and its attachments).

    11. The undersigned most respectfully pray for the kind indulgence and understanding of this Honorable Court on the matter.

    On 18 September 1996, the Court required Hon. Nilo C. Mariano and Hon. Nestor J. Ballacillo to submit to this Court a list of the members of the Secretariat who participated in the deliberations on the accused-appellants’ application for pardon and recommended the grant thereof, together with a certified true copy of the agreement between the Secretariat and the counsel for the applicants for pardon regarding the filing with the appropriate courts of motions for the withdrawal of appeals pending therein. Their Compliance, dated 23 October 1996, stated as follows:chanrob1es virtual 1aw library

    2. A review of the records of the Secretariat indicates that initially or as of January, 1993, the members of the Secretariat were:chanrob1es virtual 1aw library

    Undersecretary Ramon S. Esquerra — DOJ

    Assistant Chief State Nilo C. Mariano — DOJ

    Executive Director Artemio C. Aspiras — DOJ

    State Counsel Teresita L. de Castro — DOJ

    Director Eriberto Misa, Jr. — Bureau of Pardon

    Corrections

    Edgardo Dayao — JAGO

    Pedro Abella — PNP

    Samuel M. Soriano, Jr. — CHR

    Imelda B. Devila — National Unification

    Commission

    Nestor J. Ballacillo — OSG

    3. On February 9-11, 1995, a Working Group was constituted "to conduct an expeditious review of the cases of prisoners in the New Bilibid Prison who are alleged to have committed crime in pursuit of political objectives" (Resolution No. 1, of the Secretariat Working Group).chanrobles virtuallawlibrary

    4. For this purpose, the Working Group consisting of State Prosecutor Alberto Vizcocho of the Department of Justice (DOJ), Commissioner Mercedes V. Contreras of the Commission on Human Rights (CHR) and Andrei Bon C. Tagum of the Office of the Presidential Adviser on the Peace Process (OPAPP) convened for three days or February 9-11, 1995 to review the cases of the political prisoners.

    5. Among the cases reviewed by the Working Group were those of appellants Franklin Alcorin y Alparo and William Casido y Balcasay.

    6. After the review of the cases, the Working Group issued Resolution No. 1, which states among others that the "prisoners [including Alcorin and Casido] be recommended to the Secretariat of the Presidential Committee for the Grant of Conditional Pardon in view of a determination that they were charged or convicted of crimes that may have been committed in pursuit of political objectives." (A copy of Resolution No. 1 is attached hereto as Annex "1").

    7. The recommendations on the political prisoners listed in Resolution No. 1 by the Working Group as well as the recommendations made by the Secretariat were based on the undertaking of those representing the political prisoners, particularly the Non-Government Organizations (NGOs) such as, among others, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance Group (FLAG), KAPATID and PAHRA who promised that the corresponding withdrawals of appeal would be filed with this Honorable Court and other Courts concerned. This undertaking of the NGOs was however verbal and not made in writing.

    8. In recommending the grant of conditional pardon to Alcorin and Casido, the members of the Secretariat Working Group acted in good faith and did not disregard the Resolutions of this Honorable Court in People v. Hino, Jr., G.R. No. 110035, January 31, 1995 and People v. Salle, (250 SCRA 582, December 4, 1995). At the time they made the recommendations or the Working Group issued Resolution No. 1, the members of the Secretariat and the Working Group were not aware of the Hino and Salle rulings. Moreover, at the time the cases were being reviewed, the members of the Secretariat, were pressed on by members of the NGOs to act on certain applications for pardon or provisional release with dispatch. In turn, they made it clear to those following up the applications that the appropriate withdrawal of appeals should be filed so that the applications could be acted upon.

    9. Believing in good faith that the promise or undertaking of those who followed up the applications for pardon of Alcorin and Casido would be complied with as promised, the members of the Secretariat Working Group did not secure the written commitment for the withdrawal of the appeal by accused Alcorin and Casido before their applications for pardon were reviewed.

    Earlier, or on 1 October 1996, the Court received from Hon. Manuel C. Herrera, Chairman of the National Amnesty Commission, a letter, dated 26 September 1996 addressed to Mr. Justice Hilario G. Davide, Jr., wherein the former informed the Court that the applications for amnesty of accused- appellants Franklin A. Alcorin and William O. Casido were "favorably acted" upon by the National Amnesty Commission on 22 February 1996. The body of the letter reads:chanrob1es virtual 1aw library

    We refer to a newspaper article found in the Philippine Daily Inquirer’s August 1, 1996 issue. Please be informed that on February 22, 1996, the National Amnesty Commission (hereinafter the "NAC") favorably acted on the applications for amnesty of Franklin A. Alcorin and William O. Casido.

    The NAC was created under Proclamation No. 347 by President Fidel V. Ramos on March 25, 1994, to receive, process, and decide on applications for amnesty. Under Proclamation No. 347 a grant of amnesty shall carry with it the extinguishment of any criminal liability for acts committed by the grantee in pursuit of his or her political beliefs. It also carries with it the restoration of civil or political rights that may have been suspended or lost by virtue of a criminal conviction.

    In the course of our deliberations, the NAC found that the applicants are indeed confirmed members of the CPP/NPA/NDF whose killing of Victoriano Mapa was committed in pursuit of their political beliefs.

    We enclose, for ready reference, copies of the following documents:chanrob1es virtual 1aw library

    1. Notice of Resolution for Franklin A. Alcorin and William O. Casido

    2. Proclamation No. 347

    3. Primer on Amnesty under Proclamation Nos. 347 and 348.

    In its Comment to the aforesaid letter (submitted in compliance with our Resolution of 7 October 1996), the Office of the Solicitor General alleged that the accused-appellants in this case, "in an effort to seek their release at the soonest possible time, applied for pardon before the Presidential Committee on the Grant of Bail, Release or Pardon (PCGBRP), as well as for amnesty before the National Amnesty Commission (NAC)" ; then contended that since amnesty, unlike pardon, may be granted before or after the institution of the criminal prosecution and sometimes even after conviction, as held in Barrioquinto v. Fernandez, 1 the amnesty then granted accused-appellants William Casido and Franklin Alcorin "rendered moot and academic the question of the premature pardon granted to them."cralaw virtua1aw library

    We agree with the Office of the Solicitor General. In Barrioquinto, 2 we stated as follows:chanrob1es virtual 1aw library

    The theory of the respondents, supported by the dissenting opinion, is predicated on a wrong contention of the nature or character of an amnesty. Amnesty must be distinguished from pardon.

    Pardon is granted by the Chief Executive and as such it is a private act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof; while amnesty by Proclamation of the Chief Executive with the concurrence of Congress, and it is a public act of which the courts should take judicial notice. Pardon is granted to one after conviction; while amnesty is granted to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. Pardon looks forward and relieves the offender from the consequences of an offense of which he has been convicted, that is, it abolishes or forgives the punishment, and for that reason it does "nor work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon," and it "in no case exempts the culprit from the payment of the civil indemnity imposed upon him by the sentence" (article 36, Revised Penal Code). While amnesty looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. (Emphasis supplied)

    Accordingly, while the pardon in this case was void for having been extended during the pendency of the appeal or before conviction by final judgment and, therefore, in violation of the first paragraph of Section 19, Article VII of the Constitution, the grant of the amnesty, for which accused appellants William Casido and Franklin Alcorin voluntarily applied under Proclamation No. 347, 3 was valid. This Proclamation was concurred in by both Houses of Congress in Concurrent Resolution No. 12 adopted on 2 June 1994.

    The release then of accused appellants William Casido and Franklin Alcorin can only be justified by the amnesty, but not by the "pardon."cralaw virtua1aw library

    As to the "pardon," we find unsatisfactory the Explanation of the Secretariat of the Committee. It borders on the absurd that its members were unaware of the resolutions of this Court in People v. Hinlo 4 and People v. Salle. 5 As early as 1991, this Court, in People v. Sepada, 6 cited in our Resolution of 30 July 1996 in this case, already stressed in no uncertain terms the necessity of a final judgment before parole or pardon could be extended. Even in their Comment of 28 August 1996, the Members of the Secretariat implied that they were all the time aware that a pardon could only be granted after conviction by final judgment; hence, they required from the lawyers of the applicants the filing with this Court of "motions for the withdrawal of the applicants’ appeals." Thus, they cannot plead ignorance of this condition sine qua non to the grant of pardon. They should have demanded from the applicants the submission of proof of their compliance of the requirement before submitting to the President a favorable recommendation. That alone, at the very least, could have been the basis of a finding of good faith. In failing to observe due care in the performance of their duties, the Members of the Committee caused the resident serious embarrassment and thus deserve an admonition.

    IN VIEW OF THE FOREGOING, the Court hereby resolved that the release of accused-appellants William O. Casido and Franklin A. Alcorin was valid solely on the ground of the amnesty granted them and this case is dismissed with costs de oficio.

    The Members of the Presidential Committee for the Grant of Bail, Release or Pardon and of its Secretariat are admonished to exercise utmost care and diligence in the performance of their duty to save the President from any embarrassment in the exercise of his power to grant pardon or parole.chanroblesvirtuallawlibrary:red

    Narvasa, C.J., Melo, Francisco and Panganiban, JJ., concur.

    Endnotes:



    1. 82 Phil. 642 [1949].

    2. Supra note 1, at 646-647(Citations omitted).

    3. Entitled "Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other Crimes Committed in Furtherance of Political Ends, and Violations of the Articles of War, and Creating a National Amnesty Commission," issued by the President on 25 March 1994.

    4. G.R. No. 110035, 31 January 1995.

    5. G.R. No. 103567,4 December 1995.

    6. G.R. No. L-47514, 21 March 1991.

    G.R. No. 116512   March 7, 1997 - PEOPLE OF THE PHIL. v. WILLIAM O. CASIDO, ET AL.




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