Torres v Gonzales

Summary Cases:

Torres vs. Gonzales 152 SCRA 272

Subject: Violation of Conditional Pardon

Facts:

In 1978, Torres was convicted of two counts of Estafa. A year later he was pardoned by President
Aquino with the condition that he shall not violate any penal laws again. However, in 1982 Torres was
charged with twenty counts of Estafa and was convicted of the crime of Sedition.

The Board of Pardons and Parole resolved to recommend to the President the cancellation of the
conditional pardon granted to the petitioner. Hence, the president cancelled the pardon. He then
appealed the issue before the Supreme Court averring that the Executive Department erred in convicting
him for violating the conditions of his pardon because the Estafa charges against him were not yet final
and executory as they were still on appeal and that he was deprived of his rights under the due process
clause of the Constitution.

Held:

Violation of Conditional Pardon

1 The grant of pardon and the determination of the terms and conditions of a conditional pardon are
purely executive acts which are not subject to judicial scrutiny.

2. The determination of the occurrence of a breach of a condition of a pardon, and the proper
consequences of such breach, may be either a purely executive act, not subject to judicial scrutiny under
Section 64 (i) of the Revised Administrative Code; or it may be a judicial act consisting of trial for and
conviction of violation of a conditional pardon under Article 159 of the Revised Penal Code.

3. Where the President opts to proceed under Section 64 (i) of the Revised Administrative Code, no
judicial pronouncement of guilt of a subsequent crime is necessary, much less conviction therefor by
final judgment of a court, in order that a convict may be recommended for the violation of his conditional
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pardon.

4. Because due process is not semper et unique judicial process, and because the conditionally
pardoned convict had already been accorded judicial due process in his trial and conviction for the
offense for which he was conditionally pardoned, Section 64 (i) of the Revised Administrative Code is not
afflicted with a constitutional vice.

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