G.R. No. 45391 ; February 17, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOMAS TAPEL, defendant-appellant.

FACTS

Tomas Tapel was granted a conditional pardon on September 7, 1934, which remitted the unexecuted portion of his 12-year, 4-month, and 1-day sentence for qualified theft. The pardon was conditioned on him not violating any penal laws. On September 18, 1936, he committed theft, violating the pardon. He pleaded guilty to the violation charge. The trial court sentenced him to serve the unexpired portion of his original sentence. Tapel appealed, contesting the penalty imposed and the court’s procedure in modifying the duration of the unserved sentence based on a letter from the Bureau of Prisons.

ISSUE

Whether the trial court correctly imposed the penalty of serving the unexpired portion of the original sentence for the violation of the conditional pardon.

RULING

Yes. The Supreme Court affirmed, with modification, the trial court’s judgment. The penalty for violating a conditional pardon is governed by Article 159 of the Revised Penal Code, which requires the convict to serve the unexpired portion of the original sentence. The time during which the convict was at large under the pardon is not credited as time served. The Court computed the unserved period, considering actual service and good conduct time allowances, and modified the penalty to six years, six months, and three days. The Court found no reversible error in the trial court’s procedure, as it ultimately reduced the penalty.

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