G.R. No. L-18770 – 14 SCRA 694 – Political Law – Powers of the President – Amnesty; When it cannot be invoked Remedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former guerrilla fighting against the Japanese. In 1944, while cleaning […]
Yearly Archives: 2010
282 posts
G.R. No. 48100 – 72 Phil. 4 – Political Law – Powers of the President – Absolute Pardon Gregorio Palatino was the mayor elect of Torrijos, Marinduque. Florencio Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold office because he was already convicted […]
G.R. No. L-18184 – 7 SCRA 152 – Political Law – Constitutional Law – Amnesty – Reversal of the Doctrine Held in the Barrioquinto Case – Admission of Guilt Necessary in Amnesty Vera, together with 92 others were charged for the crime of kidnapping with murder done against a […]
G.R. No. L-22 – 76 Phil. 253 – Political Law – Pardon – Conditional Pardon – How it works after a change of sovereign Jose was charged for violating Act 65 in 1944. Act 65 was an act of the National Assembly of RP while the Japanese were still […]
G.R. No. 47941 – 71 Phil. 34 – Political Law – Pardon – Restoration of Civil and Political Rights Santos was convicted of the crime of estafa. He was given pardon by the president but even prior to his pardon he was already holding the position as the municipality […]
G.R. No. L-1278 – 82 Phil. 642 – Political Law – Constitutional Law – Amnesty Compared w/ Pardon – Admission Not Needed in Amnesty Jimenez and Barrioquinto were charged for murder for the killings they made during the war. The case was proceeded against Jimenez because Barrioquinto was nowhere […]
A PARDON is an act of grace by the president which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed.
AMNESTY is an act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, or rebellion.
A REPRIEVE is merely a postponement of a sentence to a date certain, or a stay of execution. It may be ordered to enable the government to secure additional evidence to ascertain the guilt of the convict or, in the case of the execution of the death sentence upon […]
A COMMUTATION is a reduction or mitigation of the penalty, e.g., when the death sentence is reduced to life imprisonment.
G.R. No. L-58289 – 115 SCRA 418 – Political Law – Other Options Available to the President Aside from Declaring Martial Law – Amendment No. 6 In 1982, after the lifting of Martial Law, Legaspi, then incumbent member of the interim Batasang Pambansa, petitioned to declare Presidential Decree 1840 […]
G.R. No. L-36188 – 96 SCRA 402 – Political Law – Martial Law as Valid Declaration – Military Courts – Constitutional Allowance In 1972, a Chinaman was kidnapped by allegedly the group of a certain Sgt. Cordova. Gumaua, an ex-PC aided Cordova as he even sheltered them in his […]
G.R. No. L-37364 – 63 SCRA 546 – Political Law – Martial Law – Open Court Theory – Military Courts In September 1972, after the declaration of Martial Law, Ninoy was arrested and was placed under custody. He was brought to Fort Bonifacio, a military camp. He filed for […]
G.R. No. 140872 – 404 SCRA 550 (452 Phil. 678) – Criminal Law – Book I – Aggravating Circumstances – Disrespect on account of Offended Party’s Sex Qualifying Circumstances – Treachery Alternative Circumstances – Intoxication One afternoon in August 1996, in Katipunan, Zamboanga del Norte, Pablito Inggo bought a […]
G.R. NO. 170566 – 484 SCRA 76 – Criminal Law – Book I – Aggravating Circumstances; Must be alleged in the Information Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases Remedial Law – Criminal Procedure – Aggravating Circumstances; Must be alleged in the […]
G.R. No. 133382 – 327 SCRA 695 – Criminal Law – Book I – Qualifying Circumstances cannot offset Mitigating Circumstances On July 14, 1993 about 7:30 pm in the Municipality of Vinzons, Camarines Norte, Efren Mendoza hacked Anchito Nano with a bolo which immediately killed the latter. Later, Mendoza […]