GR 42818; (March, 1935) (Digest)
G.R. No. 42818 ; March 25, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. CONRADO AGLAHI, defendant-appellant.
FACTS
The provincial fiscal of Laguna filed a petition in the Court of First Instance seeking the recommitment of appellant Conrado Aglahi to serve the unexpired portion of his original sentence. This was based on the allegation that Aglahi, who had been granted a conditional pardon by the Governor-General in 1910, was subsequently convicted of the offense of estafa in 1929, thereby violating the conditions of his pardon. At the time of the petition, Aglahi was in Bilibid Prison. To avoid the expense and inconvenience of transporting him, the trial court directed him to show cause in writing why he should not be recommitted. After Aglahi demurred to the complaint, the court ordered his recommitment.
ISSUE
Whether the trial court complied with the statutory procedure for investigating an alleged violation of a conditional pardon under Act No. 1524 .
RULING
No. The Supreme Court reversed and vacated the trial court’s order and dismissed the case. The Court found that the trial court failed to comply with the mandatory procedure prescribed in Section 3 of Act No. 1524 , which requires the court to issue an order of arrest and proceed with an investigation of the facts “in the presence of the accused and the proper prosecuting official.” The Solicitor-General conceded this procedural defect. The Court noted that while a violation of a conditional pardon normally renders it void and subject to judicial action, the specific statutory procedure must be followed. Furthermore, the Court observed that Section 4 of Act No. 1524 (concerning the court’s actions upon finding a violation) had been expressly repealed by the Revised Penal Code, leaving the legal effect of such a finding unclear. As an alternative, the Court highlighted the authority of the Governor-General under the Revised Administrative Code to authorize the arrest and re-incarceration of a person who violates the conditions of a pardon, suggesting this as a proper administrative remedy.
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