Barrioquintos et al vs Fernandez, 82 Phil 642

Criminal Case Digest

Digested Cases
Criminal Law

Facts:
Petitioner Norberto Jimenez and Loreto Barrioquinto were charged with the crime of murder.
Barrioquinto had not yet been arrested. The case proceeded against Jimenez and he was sentenced
to life imprisonment.

Before the period of perfecting an appeal had expired, Jimenez availed of Proclamation No. 8.
However, the Amnesty Commission had their cases returned to the CFI-Zamboanga, without
deciding whether or not they are entitled to the benefit s of the said Amnesty Proclamation, on the
ground that neither Barrioquinto alleged that it was Hipolito Tolentino who shot and killed the
victim, they cannot invoke the benefits of amnesty.

Issue:
WON petitioners are precluded from availing the benefits of Amnesty as they have not admitted to
the commission of the crime.

Held:
No. Respondents fail to differentiate between amnesty and pardon.

In order to entitle a person to the benefits of the Amnesty Proclamation of 1946, it is not necessary
that he should, as a condition precedent or sine qua non, admit having committed the criminal act
or offense with which he is charged and allege the amnesty as a defense; it is sufficient that the
evidence either of the complainant or the accused, shows that the offense committed comes within
the terms of said Amnesty Proclamation.