G.R. No. 38171 ; October 6, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FRANCISCO MIRANDA, defendant-appellant.

FACTS

The accused-appellant, Francisco Miranda, was convicted by the Court of First Instance of Rizal for the crime of qualified seduction under the old Penal Code. After his conviction, he filed a motion to dismiss the case on the ground that the offended party had completely pardoned the offense.

ISSUE

Whether the pardon granted by the offended party after the institution of the criminal action for seduction extinguishes the penal action and warrants the dismissal of the case under Article 344 of the Revised Penal Code.

RULING

No. The Supreme Court denied the motion for dismissal. It held that under paragraph 3, Article 344 of the Revised Penal Code, the pardon by the offended party in crimes of seduction, abduction, rape, or acts of lasciviousness only serves to prevent the initiation of a prosecution if granted before the criminal action is instituted. It does not, however, extinguish a penal action already commenced or require its dismissal if the pardon is granted thereafter. The only act that extinguishes the criminal action or remits the penalty under that article is the marriage of the offender with the offended party. The Court cited the precedent in People vs. Infante ( G.R. No. 36270 ), which applied the same principle to the crime of adultery.

AI Generated by Armztrong.