ROMARICO J. MENDOZA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
G.R. No. 183891
October 19, 2011

FACTS: 
Petitioner Romarico J. Mendoza is a company boss/ employer convicted for violating a special
law known as the Social Security System Condonation Law of 2009 for non-remittance of the Social
Security Services (SSS) contributions to his employees. The offense is criminal in nature. Nevertheless,
Mendoza admitted his fault, as he said. He acted in good faith but still, the Court has to render judgment
and apply the proper penalty how harsh it may be (dura lex sed lex).

The Court sentenced Mendoza to an indeterminate prison term. Considering the circumstances,
the court transmitted the case to the Chief Executive, through the Department of Justice and recommends
the grant of executive clemency to the petitioner.

ISSUE:
Without violating the separation of of powers, can the Supreme Court recommend to the
President, the grant of executive clemency to a convict?

RULING:

The court realize that with the affirmation of the petitioners conviction for violation of RA No.
8282, he stands to suffer imprisonment for four (4) years and two (2) months of prision correccional, as
minimum, to twenty (20) years of reclusion temporal, as maximum, notwithstanding the payment of his
delinquent contribution.

The Court has the discretion to recommend to the President actions it may deem appropriate but
are beyond its power when it considers the penalty imposed as excessive. It is clearly stated in Article 5
in the Revised Penal Code that “whenever a court has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render the proper decision, and shall report to the
Chief Executive through the Department of Justice, the reasons which induce the court o believe that said
act should be made the subject of legislation. In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such may deemed proper, without suspending the
execution of the sentence, when a strict enforcement of the provisions of the Code would result in the
imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury
caused by the offense.”