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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-69377. April 8, 1988.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEXANDER ALBOFERA and ROMEO LAWI-AN, Accused-Appellants.


SYLLABUS


1. CRIMINAL LAW; EXTINGUISHMENT OF CRIMINAL LIABILITY; ABSOLUTE PARDON GRANTED BY THE PRESIDENT BEFORE THE EFFECTIVITY OF 1987 CONSTITUTION, VALID. — Absolute pardon having been granted to accused-appellants prior to the effectivity of the 1987 Constitution on February 2, 1987, when there was as yet no requirement that pardon may be extended only after conviction by final judgment, the pardon granted by the President on January 29, 1987, was, therefore, valid, binding and effective.

2. ID.; ID.; ID.; DOES NOT EXTINGUISH CIVIL LIABILITY. — By pardon, Accused-appellants’ criminal liability is thereby extinguished but their civil liability remains. The Motion for Reconsideration is partially granted in that accused-appellants shall no longer suffer the penalty of reclusion perpetua but shall still indemnify the heirs of the victim, Teodoro Carancio, in the amount of P30,000.00, and shall each pay one-half (1/2) of the costs.


D E C I S I O N


MELENCIO-HERRERA, J.:


In a Decision promulgated on July 20, 1987, this Court affirmed the conviction of accused-appellants, Alexander Albofera and Romeo Lawi-an, for Murder with the modification that the penalty was commuted from death to reclusion perpetua, and the civil liability was fixed at P30,000.00.

On September 3, 1987, Atty. Enrico R. Castro, de officio counsel for accused-appellants, filed a Manifestation and Motion for Reconsideration of our aforesaid Decision praying that the case and/or appeal of appellants be dismissed "in view of the supervening development of absolute pardon of appellants made by the President of the Philippines."cralaw virtua1aw library

Asked to comment, the Solicitor General manifested that accused-appellants were, indeed, granted absolute pardon by the President on January 29, 1987 and that by virtue thereof their criminal liability is totally extinguished but not their civil liability.

Absolute pardon having been granted to accused-appellants prior to the effectivity of the 1987 Constitution on February 2, 1987, when there was as yet no requirement that pardon may be extended only after conviction by final judgment, the pardon granted by the President on January 29, 1987, was, therefore, valid, binding and effective. Accused-appellants’ criminal liability is thereby extinguished but their civil liability remains.

"A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence" (Article 36, Revised Penal Code).

ACCORDINGLY, the Motion for Reconsideration is partially granted in that accused-appellants shall no longer suffer the penalty of reclusion perpetua but shall still indemnify the heirs of the victim, Teodoro Carancio, in the amount of P30,000.00, and shall each pay one-half (1/2) of the costs.

SO ORDERED.

Teehankee, C.J., Yap, Fernan, Narvasa, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes and Griño-Aquino, JJ., concur.

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