CASE BRIEFING RELATED TO PROBATION, PAROLE, PARDON, AND AMNESTY

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A Case Research
Presented to
Bachelor of Science in Criminology
Pamantasan ng Lungsod ng Marikina

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In partial fulfillment

Of the Requirements for the Subject

CA2: Non-Institutional Corrections

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By
Alag, Danica L.
Andal, Zhaira Ann
Arroyo, John Roland A.
Balaod, Francine Joy
Batiancila, Aiza L.
Buyao, Janela Irish
Cain, Kenneth R.
Camitan, Shiela
Camposano, Alyohna Claire
Capague, John Edrian
Casarino, Guilian Kiel B.
AMNESTY CASE

Nur Misuari, Moro National Liberation Front, et al.

Vs

Panel of the Prosecutors, City of Zamboanga Prosecutors, et al

(2013)

Facts of the case

On October 09, 2013, Nurulaji P Misuari a.k.a Nur Misuari together with his men
stormed Zamboanga. Misuari and sixty (60) others including Moro National Liberation
Front are the one who suspected about the attack that lasted 3 weeks. The Panel of
Prosecutor of Zamboanga filed a charge against Nur Misuari including the sixty (60)
men and the MNLF with (a) Rebellion (penalized under the Article 134 of the Revised
Penal Code); (b) violation of Section 4(b), subsections (1) and (3), in relation to Section
7, second paragraph of the Republic Act No. 9851 (otherwise known as “The Philippine
Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity”); and (c) violation of Section 4(c), subsections (1), (7) and (20), in
relation to Section 7, second paragraph of the same law.

On 2016, after the Presidential winning of former President Rodrigo Roa Duterte,
He ordered Pasig Court to suspend the arrest warrant of Nur Misuari and invited him to
talk.

Before Former President came down to position, He granted Amnesty to the

rebel groups including the MNLF who is leaded by Nur Misuari. However, there are
some opposition who question the decision of the president on granting such privilege
to the rebels.

Issue/s

Whether or not, the granting of amnesty is void.

Ruling

No, the granting of amnesty is not void.

Since it is in the power of president to grant an amnesty, a form of executive clemency,
no one has to interfere about the exercise of the president’s power unless he/she is
under impeachment.

According to the Supreme Court, the Amnesty is granted to classes of persons or

communities who may be guilty of political offenses, generally before or after the
institution of the criminal prosecution and sometimes after conviction.

The Decision is constitutional since the Proclamation 1091 was undergo to the process
where the senate voted and approved by 18 senators.

Opinions
AMNESTY CASE

G.R. No. L-1278             January 21, 1949

LORETO BARRIOQUINTO and NORBERTO JIMENEZ, petitioners,

vs.
ENRIQUE A. FERNANDEZ, ANTONIO BELMONTE and FELICISIMO OCAMPO, as
Commissioners of the Fourteenth Guerrilla Amnesty Commission, respondents.

Facts of the case

The petitioners, Loreto Barriquinto and Norberto Jimenez was charged for
murder during the World War II. The case pursued to Norberto Jimenez because Loreto
Barriquinto was not arrested. Jimenez was later sentenced to life imprisonment. Before
the period of perfecting an appeal had expired, the defendant Jimenez became aware
of Proclamation No. 8 which grants amnesty in favor of all persons who may be charged
with an act penalized under the Revised Penal Code in furtherance of the resistance to
the enemy or against persons aiding in the war efforts of the enemy during the World
War II. Barrioquinto and Jimenez decided to submit their case to the Guerilla Amnesty
Corporation (GAC) to avail of the amnesty. However, the GAC returned the cases to the
CF, without deciding whether or not they are entitled to the benefits of amnesty.

Issue/s

Whether or not a respondent should be entitled to the benefits of amnesty after

admitting the committed criminal case against them.

Ruling

No, amnesty must be distinguished by pardon

Pardon is granted by the President and as such it is a private act which must be
pleaded and proved by the person pardoned. On the other hand, amnesty happens by
the proclamation of the president with the concurrence of the Congress, and it is a
public act of which the courts should take judicial notice. Amnesty is granted to the
group of person who is guilty of political offenses while pardon is granted after
conviction.
Opinion/s