G.R. No. L-1809; January 23, 1948
NARCISO ALVAREZ Y CORTES, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.

FACTS

Petitioner Narciso Alvarez y Cortes was convicted of murder and sentenced to reclusion perpetua. While serving this sentence, he escaped twice and was separately convicted and sentenced for each evasion. He was also convicted for illegal possession of a firearm. Subsequently, the President granted him an absolute pardon for the murder conviction. Petitioner filed a petition for habeas corpus, arguing that the absolute pardon should also absolve him from serving the sentences for his escape convictions, as they were connected to the pardoned murder sentence.

ISSUE

Does an absolute pardon for the principal crime (murder) also remit the penalties for separate convictions of evasion of service of sentence and other offenses committed while serving the original sentence?

RULING

No. The Supreme Court denied the petition. An absolute pardon remits only the penalty for the crime to which it expressly applies. The separate convictions for evasion of service of sentence (and illegal possession of a firearm) were distinct offenses committed while the murder sentence was in force. These penalties were not affected by the pardon of the murder sentence. The petitioner must complete serving the sentences for these separate offenses. The Court did not rule on the validity of certain potentially duplicative convictions for the same evasions, as the petitioner had not yet finished serving the valid aggregate sentences.

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