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.
Daily Archives: November 28, 2010
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 […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed […]
G.R. No. 127568 – 323 SCRA 734 – Criminal Law – Book I – Aggravating Circumstances – Must be alleged in the Information Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to be informed of the nature and cause of accusation […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private […]
G.R No. 169077 – 500 SCRA 659 (532 Phil. 368) – Criminal Law – Book 1 – Aggravating Circumstances – Dwelling Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases In July 1997, Nicanor Salome entered the house where 13-year old Sally Idanan was […]
G.R. No. 127840 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the house of Lolita Tigley. […]