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There Is Insufficient Evidence To Prove The Affair Between The Respondents
There Is Insufficient Evidence To Prove The Affair Between The Respondents
RATIO:
1. This is not to say that all convictions of the crime of
homicide do not involve moral turpitude. Homicide may or may
not involve moral turpitude depending on the degree of the
crime. Moral turpitude is not involved in every criminal act and
is not shown by every known and intentional violation of
statute, but whether any particular conviction involves moral
turpitude may be a question of fact and frequently depends on
all the surrounding circumstances. While x x x generally but not
always, crimes mala in se involve moral turpitude, while crimes
mala prohibitado not, it cannot always be ascertained whether
moral turpitude does or does not exist by classifying a crime as
malum in se or as malum prohibitum, since there are crimes
which are mala in se and yet rarely involve moral turpitude and
there are crimes which involve moral turpitude and are mala
prohibita only. It follows therefore, that moral turpitude is
somewhat a vague and indefinite term, the meaning of which
must be left to the process of judicial inclusion or exclusion as
the cases are reached.
The IBP-CBD correctly stated that Amparado and Yapchangco
were just at the wrong place and time. They did not do
anything that justified the indiscriminate firing done by
Sesbreño that eventually led to the death of Amparado.
We cannot accept Sesbreño’s argument that the executive
clemency restored his full civil and political rights. Sesbreño
cited In re Atty. Parcasio to bolster his argument. In that case,
Atty. Parcasio was granted “an absolute and unconditional
pardon” which restored his “full civil and political rights,” a
circumstance not present in these cases. Here, the Order of
Commutation did not state that the pardon was absolute and
unconditional.
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. 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
Sesbrefio. Commutation is a mere reduction of