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  • De Leon Vs Director of Prison

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    Ramon Magsaysay
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    1. Marcelo de Leon was convicted of illegal detention and sentenced to 18 years imprisonment. 2. In 1909, he was granted a conditional pardon by the Governor-General but was later transferred to a different prison. 3. In 1913, he was granted another conditional pardon by the new Governor-General. 4. In 1914, the second conditional pardon was cancelled by the Governor-General before it was delivered to or accepted by de Leon. 5. The court held that a conditional pardon is not effective until delivered and accepted by the convict. Since the second pardon was cancelled before delivery or acceptance, it was without force or effect. The petition for habeas corpus was denied.

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    1. Marcelo de Leon was convicted of illegal detention and sentenced to 18 years imprisonment. 2. In 1909, he was granted a conditional pardon by the Governor-General but was later transferred to a different prison. 3. In 1913, he was granted another conditional pardon by the new Governor-General. 4. In 1914, the second conditional pardon was cancelled by the Governor-General before it was delivered to or accepted by de Leon. 5. The court held that a conditional pardon is not effective until delivered and accepted by the convict. Since the second pardon was cancelled before delivery or acceptance, it was without force or effect. The petition for habeas corpus was denied.

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    © All Rights Reserved
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    14 views1 page

    De Leon Vs Director of Prison

    Uploaded by

    Ramon Magsaysay
    1. Marcelo de Leon was convicted of illegal detention and sentenced to 18 years imprisonment. 2. In 1909, he was granted a conditional pardon by the Governor-General but was later transferred to a different prison. 3. In 1913, he was granted another conditional pardon by the new Governor-General. 4. In 1914, the second conditional pardon was cancelled by the Governor-General before it was delivered to or accepted by de Leon. 5. The court held that a conditional pardon is not effective until delivered and accepted by the convict. Since the second pardon was cancelled before delivery or acceptance, it was without force or effect. The petition for habeas corpus was denied.

    Copyright:

    © All Rights Reserved
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    of 1

    De Leon vs Director of Prison, 31 Phil 60

    G.R. No. L-10038, March 31, 1915


    Criminal Case Digest
    Digested Cases
    Criminal Law

    Facts:
    1. That some time prior to the 11th day of January, 1904, the said Marcelo de Leon and others
    were charged with the crime of illegal detention, were arrested, tried, found guilty of said crime,
    and sentenced to life imprisonment by the trial court;
    2. From the sentence of the lower court Marcelo de Leon, together with the others, appealed to this
    court where, after a consideration of the cause, the sentence of the lower court was modified and he
    (Marcelo de Leon) was sentenced to be imprisoned for a period of eighteen years of reclusion
    temporal, with the legal accessory penalties, and to pay the costs;
    3. On the 19th day of November, 1909, the Honorable W. Cameron Forbes, Acting Governor-
    General, extended to the defendant a conditional pardon
    4. That the plaintiff, Marcelo de Leon, was transferred to the Iwahig Penal Colony, but for some
    reason or other was later transferred again to Bilibid;
    5. That on the 17th day of November, 1913, the Honorable Francis Burton Harrison, Governor-
    General, issued a conditional pardon to the plaintiff, the condition being that he should not be
    guilty of any crime or infraction of the law, the punishment for which should be a year or more of
    imprisonment, during the rest of the unexpired time of his sentence of imprisonment already
    imposed;
    6. On the 15th day of June, 1914, by a letter from the Honorable Ignacio Villamor, Executive
    Secretary, to the Director of Prisons, it appears that the Governor-General, by reason of
    representations made to him by the prison authorities, directed the cancellation of the conditional
    pardon signed by him under date of November 17, 1913;
    7. The said conditional pardon of His Excellency the Governor-General of the 17th of November,
    1913, had never been delivered nor communicated to the plaintiff, neither had the same been
    accepted by him

    Issues: Whether or not the conditional pardon should be granted to the convict if it is not yet been
    delivered or accepted by the convict?

    Held: Conditional pardon is certainly a contract between two parties: the Chief Executive, who
    grants the pardon, and the convict, who accepts it. It does not become perfected until the convict is
    notified of the same and accepts it with all its conditions.

    Pardon was neither delivered nor accepted before it was canceled by the order of the Governor-
    General. The same being canceled before delivery or acceptance, it was without force or effect and
    the petition for the writ of habeas corpus based upon the same must be denied.

    For the foregoing reasons, the judgment of the lower court is hereby affirmed, with costs.

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