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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-13223. May 30, 1960. ]

OSCAR MENDOZA ESPUELAS, petitioner and appellee, v. THE PROVINCIAL WARDEN OF BOHOL, respondent and Appellant.

Rolando Butalid G. for Appellee.

Acting Solicitor General Guillermo E. Torres and Assistant Solicitor General Florencio Villamor for Appellant.


SYLLABUS


1. PRESIDENT OF THE PHILIPPINES; PARDON OR PAROLE POWER TO ORDER ARREST OR REINCARNATION. — Under Section 64 (i) of the Revised Administrative Code, the President is empowered "to authorize the arrest and reincarnation of any such person, who in his judgment, shall fail to comply with the condition, or conditions of his pardon, parole, or suspension of sentence."cralaw virtua1aw library

2. ID.; ID.; ACCEPTANCE OF CONDITIONAL PARDON CARRIES POWER TO DETERMINE ITS VIOLATION. — When a prisoner is conditionally pardoned it is a generous exercise by the Chief Executive of his constitutional prerogative. The acceptance thereof by the convict or prisoner carries with it the authority or power of the executive to determine whether a condition or conditions of the pardon has or have been violated.


D E C I S I O N


PADILLA, J.:


The respondent appeals from a judgment of the Court of First Instance of Bohol granting the petition for a writ of habeas corpus filed by Oscar Mendoza Espuelas and ordering his release from the custody of the respondent (special proceedings No. 343).

The petitioner was charged in the Court of First Instance of Bohol with the crime of inciting to sedition defined and penalized in article 142 of the Revised Penal Code. After trial, on 22 September 1947 the Court found him guilty as charged and sentenced to suffer an indeterminate penalty from 2 years, 4 months and 1 day of prisión correccional as minimum to 5 years, 4 months and 20 days of prisión correcci
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