Article 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.

Elements:

1. The offender is a convict;

2. He was granted a conditional pardon by the President;
3. He violated any of the conditions of the conditional pardon.

Penalty imposable:

1. If the penalty remitted (cancelled) by the granting of such pardon does not exceed 6
years, the penalty of prision correccional minimum shall be imposed.

2. If the penalty remitted (cancelled) is higher than 6 years, the convict will serve the
unexpired portion of his sentence.

➤ (1) "The offender is a convict - The pardon must be given after final judgement.
*Here, the convict being referred to should be one whose conviction has already become
final, for purposes of the exercise of the pardoning power of the president; take note that a
pardon can only be given after final judgement or after the conviction has become final.

When does a conviction become final?

(a) after the lapse of the 15-day period from promulgation of judgement for perfecting an
appeal;
(b) when the defendant has expressly waived in writing his right to appeal;
(c) when the defendant has applied for probation;
(d) when the court has granted the convict's withdrawal of his appeal; or
(e) when the sentence has been partially or totally satisfied or served.

➤ (2) "He was granted a conditional pardon by the President-

What is the nature and effect of a conditional pardon? It is an onerous contract between
the President and the convict to the effect that the former will release the prisoner subject to
the condition that if he does not comply with the terms of the pardon, he will be subject to the
provisions of Art. 159.

If the convict violates the conditions of his conditional pardon, is there still a need to charge
him in court for violation of Art. 159 before the penalties in Art. 159 can be imposed? As a
general rule, yes. He must still be charged, tried and convicted because Art. 159 is a
distinct (Separate) offense. Exception: The President, however, under Sec. 64 (i) of the
RAC (Revised Administrative Code) may, in his discretion, order the arrest and incarceration
without trial of a convict granted pardon or parole who, in his judgement, shall fail to comply
with the conditions of his pardon or parole. Thus, he may order that the convict serve the
unexpired portion of the sentence even if the penalty remitted (cancelled) by the pardon
does not exceed 6 years.

➤ (3) "He violated any of the conditions of the conditional pardon-

If the convict granted conditional pardon commits a crime whether under the RPC, SPL, or
even under an ordinance like a traffic violation which is penal in nature, he is deemed to
have committed or violated the condition of his pardon. But such convict must first be
charged, tried and convicted of the said offense before he can be prosecuted under Art. 159.
Exception: The President may, in his discretion, order the arrest of the said convict and
recommit him to prison to serve the unexpired portion even without prosecuting him first
under Art. 159.

Note: The duration of the conditions imposed under the pardon is only up to the last day
of the remaining period of the sentence. Example: In 2001, X was sentenced to a penalty of
8 years for robbery. He had already served 6 years when he was granted conditional pardon
in 2007. In 2013, he was found guilty of attempted homicide. Did X violate the condition of
his pardon? No, he did not. The duration of the conditions of his pardon is limited to the
remaining period of his sentence which, in this case, is only 2 years or up to 2009. In such a
case, he will not be deemed to have violated Art. 159.

Application of the penalties imposable under Art. 159:

➢ (1) If the penalty remitted (cancelled) by the granting of such pardon does not
exceed 6 years, the penalty of prision correccional minimum shall be imposed.

Example: X was sentenced to a penalty of 8 years for robbery. He had already served 3
years. Thereafter, he was granted conditional pardon. The term remitted or cancelled by the
pardon is 5 years. If he violates any of the conditions of his pardon, he will be charged under
Art. 159 and if convicted, he will suffer the penalty of prision correccional minimum.

Note: This is without prejudice to the President's prerogative under Sec. 64 (i) of the RAC.
The prerogative to order the arrest of the convict even without trial.

➢ (2) If the penalty remitted (cancelled) is higher than 6 years, the convict will serve the
unexpired portion of his sentence.

Example: X was sentenced to a penalty of 8 years for robbery. He had already served 1
year. Thereafter, he was granted conditional pardon. The term remitted or cancelled by the
pardon is 7 years. If he violates any of the conditions of his pardon, he will be charged under
Art. 159 and if convicted, he will have to serve the unexpired/remaining portion of his
sentence.

Note: Still this is without prejudice to the President's prerogative under Sec. 64 (i) of the
RAC.