Dear PAO, My brother was released from prison due to the conditional pardon granted to him. In the event that he was charged with any offense after the grant of such pardon, can he be immediately rearrested pursuant to the penal code?

Jayson

Dear Jayson,

The answer to your question is no. To elucidate this point, allow me to lead your attention to the pertinent law and jurisprudence. Succinctly, Article 159 of Act 3815, otherwise known as the “Revised Penal Code” reads:

“Article 159. Other cases of evasion of service of sentence. - The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.” (Emphasis and underscoring supplied).

The foregoing provision defines the crime and penalizes a convict who violates the conditions appended to the pardon granted to him. To be held liable, the following elements must be satisfied, to wit:

1. That the offender was a convict;

2. That he was granted a conditional pardon by the Chief Executive; and

3. That he violated any of the conditions of such pardon.

In relation to the above, the Supreme Court in the case of Torres vs. Gonzales (GR 76872,

July 23, 1987), penned by Associate Justice Florentino Feliciano, held that for purposes of the penalty imposed in Article 159 of the Penal Code, a subsequent conviction is necessary, viz.:

“A convict granted conditional pardon, like the petitioner herein, who is recommitted must of course be convicted by final judgment of a court of the subsequent crime or crimes with which he was charged before the criminal penalty for such subsequent offense(s) can be imposed upon him. Again, since Article 159 of the Revised Penal Code defines a distinct, substantive, felony, the parolee or convict who is regarded as having violated the provisions thereof must be charged, prosecuted and convicted by final judgment before he can be made to suffer the penalty prescribed in Article 159.” (Emphasis and underscoring supplied).

Applying the previously cited law and jurisprudence to your query, it is not enough that your brother be charged with a crime. In order that he may be validly re-arrested for a violation of the conditions imposed in the pardon granted to him, under the penal code, his subsequent conviction to such crime forming the basis of violation is indispensable.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.