PEOPLE VS.

PONTILLAS

G.R. NO. 45267, JUN 15, 1938, DIAZ, J

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision
correccional in its minimum period shall be imposed upon the convict who, having been
granted conditional pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of such pardon be higher
than six years, the convict shall then suffer the unexpired portion of his original
sentence.

Facts:

Remigio Pontillas was granted conditional pardon by the Governor-General after

serving nineteen months of his six-year-and-one-day sentence for illegal marriage,
subject to the condition that he shall not violate any penal laws of the Philippines.
Subsequently, Pontillas committed the crime of damaging another's property through
reckless imprudence and was sentenced to pay a fine and indemnity, leading to his re-
incarceration. He was charged with violation of conditional pardon.

Issue:

Whether a person conditionally pardoned by the Chief Executive can be criminally

prosecuted for violation of conditional pardon when they commit a crime after serving
part of their original sentence.

Ruling:

Yes, a person conditionally pardoned by the Chief Executive can be criminally

prosecuted for violation of conditional pardon if they commit a crime after serving part of
their original sentence. The nature of the penalty imposed upon Pontillas for bigamy
was prision mayor, not prision correccional, as erroneously stated. The penalty had not
prescribed at the time Pontillas committed the crime of damaging another's property.
Pontillas' acceptance of conditional pardon did not change the nature of his remaining
sentence, and by violating the condition of his pardon, he subjected himself to criminal
liability. Therefore, the trial should proceed in accordance with the law.