This case has been cited 2 times or more.
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2015-02-03 |
PER CURIAM |
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| There are four acts of executive clemency that the President can extend: the President can grant reprieves, commutations, pardons, and remit fines and forfeitures, after conviction by final judgment.[15] In this case, the executive clemency merely "commuted to an indeterminate prison term of 7 years and 6 months to 10 years imprisonment" the penalty imposed on Sesbreño. Commutation is a mere reduction of penalty.[16] Commutation only partially extinguished criminal liability.[17] The penalty for Sesbreño's crime was never wiped out. He served the commuted or reduced penalty, for which reason he was released from prison. More importantly, the Final Release and Discharge[18] stated that "[i]t is understood that such x x x accessory penalties of the law as have not been expressly remitted herein shall subsist." Hence, the Parcasio case has no application here. Even if Sesbreño has been granted pardon, there is nothing in the records that shows that it was a full and unconditional pardon. In addition, the practice of law is not a right but a privilege.[19] It is granted only to those possessing good moral character.[20] A violation of the high moral standards of the legal profession justifies the imposition of the appropriate penalty against a lawyer, including the penalty of disbarment.[21] | |||||
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2015-01-21 |
LEONARDO-DE CASTRO, J. |
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| In her petition, Risos-Vidal starts her discussion by pointing out that the pardon granted to former President Estrada was conditional as evidenced by the latter's express acceptance thereof. The "acceptance," she claims, is an indication of the conditional nature of the pardon, with the condition being embodied in the third Whereas Clause of the pardon, i.e., "WHEREAS, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office." She explains that the aforementioned commitment was what impelled former President Arroyo to pardon former President Estrada, without it, the clemency would not have been extended. And any breach thereof, that is, when former President Estrada filed his Certificate of Candidacy for President and Mayor of the City of Manila, he breached the condition of the pardon; hence, "he ought to be recommitted to prison to serve the unexpired portion of his sentence x x x and disqualifies him as a candidate for the mayoralty [position] of Manila."[16] | |||||