Scribd Logo
Upload

Welcome to Scribd!

  • 689 views

    People V Bacang

    Uploaded by

    Cecille Mangaser
    This case involves two accused, William Casido and Franklin Alcorin, who were convicted of murder by the trial court and sentenced to life imprisonment. While their appeal of the conviction was pending before the Supreme Court, the accused were granted conditional pardons by the President on January 19, 1996. However, the Supreme Court ruled the conditional pardons were void as they were granted during the pendency of the accused's appeal. The Court denied the accused's motion to withdraw their appeal, and directed they be rearrested to serve their life sentences. The Court also issued an order for the Presidential committee who recommended the pardons to show cause for acting despite the pending appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People V Bacang

    Uploaded by

    Cecille Mangaser
    689 views2 pages
    This case involves two accused, William Casido and Franklin Alcorin, who were convicted of murder by the trial court and sentenced to life imprisonment. While their appeal of the conviction was pending before the Supreme Court, the accused were granted conditional pardons by the President on January 19, 1996. However, the Supreme Court ruled the conditional pardons were void as they were granted during the pendency of the accused's appeal. The Court denied the accused's motion to withdraw their appeal, and directed they be rearrested to serve their life sentences. The Court also issued an order for the Presidential committee who recommended the pardons to show cause for acting despite the pending appeal.

    Original Title

    People v Bacang

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves two accused, William Casido and Franklin Alcorin, who were convicted of murder by the trial court and sentenced to life imprisonment. While their appeal of the conviction was pending before the Supreme Court, the accused were granted conditional pardons by the President on January 19, 1996. However, the Supreme Court ruled the conditional pardons were void as they were granted during the pendency of the accused's appeal. The Court denied the accused's motion to withdraw their appeal, and directed they be rearrested to serve their life sentences. The Court also issued an order for the Presidential committee who recommended the pardons to show cause for acting despite the pending appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    689 views2 pages

    People V Bacang

    Uploaded by

    Cecille Mangaser
    This case involves two accused, William Casido and Franklin Alcorin, who were convicted of murder by the trial court and sentenced to life imprisonment. While their appeal of the conviction was pending before the Supreme Court, the accused were granted conditional pardons by the President on January 19, 1996. However, the Supreme Court ruled the conditional pardons were void as they were granted during the pendency of the accused's appeal. The Court denied the accused's motion to withdraw their appeal, and directed they be rearrested to serve their life sentences. The Court also issued an order for the Presidential committee who recommended the pardons to show cause for acting despite the pending appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Digest Author: Cecille Mangaser

    People of the Philippines v. Leopoldo Bacang


    GR Number 116512
    Petition: Petition for certiorari
    Plaintiff-Apellee: People of the Philippines
    Accused: LEOPOLDO BACANG @ "POLDO," "Gerry Brako," and "Arnold," FRANCISCO
    PALACIOS, @ "Minggoy & Joe," TATA DOE, WILLIAM CASIDO @ "Mario," and
    FRANKLIN ALCORIN y ALPARO @ "Arman," and REO DOE
    Accused-Appellants: William Casido and Franklin Alcorin
    Ponente: Davide, Jr., J.
    Date: July 30, 1996
    Facts:
    From the judgment of the RTC of Negros Oriental, in Criminal Case No. 397-B, finding them
    and co-accused Palacios guilty beyond reasonable doubt of murder, and sentencing each of them
    to suffer the penalty of reclusion perpetua and pay, severally, Php 200,000.00 and Php 25,000/00
    as actual damages and for the funeral expenses, and costs, accused Casido and Alcorin appealed
    to the Supreme Court by filing a supplemental notice of appeal on December 8, 1993. Appeal
    was accepted on December 7, 1994.
    On January 11, 1996, the court received an undated urgent motion to withdraw appeal from the
    accused-appellants which did not state any reason therefor. On March 22, 1996, court received a
    1st indorsement informing the Court that the accused-appellants were released on conditional
    pardon on January 25, 1996.
    On May 20, 1996 the court directed Superintendent Venacio Tesoro to submit the certified true
    copies of the Conditional Pardon and the release/discharge order. Tesoso submitted the copies
    both signed by the President on January 19, 1996 and certificates of discharge from prison
    showing they were released on January 25, 1996. Pardons were granted by virtue of the
    authority conferred upon the President by the Constitution and upon the recommendation
    of the Presidential Committee for the Grant of Bail, Release, and Pardon.
    Issues:
    Whether or not conditional pardons can be extended to the accused-appellants during the
    pendency of their instant appeal.
    Ruling:
    No. In an earlier decision, People v Hinlo, the Court declared the practice of processing
    applications for pardon or parole despite pending appeals to be in clear violation of law. In
    People v Salle, the court declared grant of pardon, whether full or conditional, to an accused
    during the pendency of his appeal from his conviction by the trial court shall be prohibited.
    Agencies/instrumentalities must require proof that he has not appealed from his conviction or
    that he has withdrawn appeal. And that the ruling fully bind pardons extended after January 31,
    1995 during the pendency of the grantees appeal.

    Digest Author: Cecille Mangaser


    Conditional pardons granted in the case are void for having been extended on January 19,
    1996 DURING THE PENDENCY OF THEIR INSTANT APPEAL.
    Dispositive:
    The accused-appellants urgent motion to withdraw appeal is denied. Bureau of Corrections is
    directed to effect the re-arrest of the accused-appellants Casido and Alcorin, who shall be reconfined at the New Bilibid Prisons in Muntinlupa within 60 days from notice thereof.
    The court further resolves to require the officers of the Presidential committee for grant of bail,
    release, and pardon to show cause within 30 days why they should not be held in contempt of
    court for acting on and favorably recommending approval of the applications for the pardon of
    the accused-appellants despite the pendency of their appeal.

    You might also like