G.R. No. 176114 – 757 Phil. 599 – 755 SCRA 260 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Pardoning Power – Courts Cannot Limit the President’s Pardoning Power
In 2001, Grace San Diego was sentenced to reclusion perpetua for qualified theft. However, the trial judge indicated in the dispositive portion of the decision that San Diego shall not be qualified for pardon before the lapse of forty years.
ISSUE: Is the sentence proper?
HELD: No. The proper penalty imposable is simply reclusion perpetua. It was incorrect for the trial court to sentence San Diego to the penalty of reclusion perpetua for forty (40) years without pardon because that would be a limitation on the part of the power of the Chief Executive. The exercise of the pardoning power is discretionary in the President and may not be controlled by the legislature or reversed by the court, save only when it contravenes the limitations set forth by the Constitution.
