People vs.

Casido

G.R. No. 116512 March 7, 1997

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
WILLIAM O. CASIDO @ "MARIO," and FRANKLIN A. ALCORIN @ "ARMAN," accused-
appellants.

Facts: Accused applied for and was granted conditional pardon by the President while
their appeals were pending before the Supreme Court. After release, they filed a Motion
to Withdraw Appeal before the Supreme Court which the latter denied. Meanwhile, their
applications for amnesty were also favorably acted on by the National Amnesty
Commission.

Issue: WON the status of their appeal is void

Held: YES. The pardon was void for having been extended during the pendency of the
appeal or before conviction by final judgement, and therefore, in violation of the first
paragraph of Section 19, Article VII of the Constitution. Any application for pardon should
be acted upon or the process towards its grant should not have begun unless the appeal is
withdrawn. The pronouncement in Monsanto vs Factoran that the acceptance of a pardon
amounts to an abandonment of the appeal rendering the conviction final, is an orbiter
dictum. The members of the Presidential Committee for the Grant of Bail, Release or Pardon
are admonished to exercise utmost care and diligence in the performance of their duty to
save the President from embarrassment. However, since amnesty, unlike pardon, may be
granted before or after the institution of the criminal prosecution and even after conviction,
the release of accused was valid on the ground of the amnesty