GR L 3972; (October, 1950) (Digest)
G.R. No. L-3972; October 13, 1950
FLOREÑA SALES, on behalf of her stepfather Fidel Ariston, petitioner, vs. THE DIRECTOR OF PRISONS, respondent.
FACTS
Fidel Ariston was convicted of frustrated murder in 1939 and sentenced to prison. After serving part of his sentence, he was granted a conditional pardon by the President in 1942, with the condition that he not violate any penal laws. In 1950, Ariston was convicted of estafa. By authority of the President under Section 64(i) of the Revised Administrative Code, the Executive Secretary ordered his recommitment to serve the unexpired portion of his original sentence for the murder conviction due to the violation of the pardon’s condition.
ISSUE
Whether the President retains the authority under Section 64(i) of the Revised Administrative Code to order the arrest and reincarceration of a person who violates a conditional pardon, or whether this power has been repealed or superseded by Article 159 of the Revised Penal Code, which penalizes such a violation through judicial prosecution.
RULING
The President does not retain such authority. Article 159 of the Revised Penal Code governs the violation of a conditional pardon. It requires a judicial proceeding for conviction before the violator can be punished, either by a new penalty (if the original remitted penalty was six years or less) or by serving the unexpired portion of the original sentence (if the remitted penalty was higher than six years). Section 64(i) of the Revised Administrative Code, which allows the President to authorize arrest and reincarceration summarily, is incompatible with Article 159. The two provisions cannot coexist as alternative state remedies, as this would violate principles of due process and could subject an individual to double punishment for the same act. Therefore, the order for Ariston’s recommitment was invalid. The Court granted the petition for habeas corpus and ordered his release, without prejudice to any proper prosecution under Article 159 of the Revised Penal Code.
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