Obligations Incurred By Person Granted Conditional Pardon
On Criminal Law
Obligations Incurred By Person Granted Conditional Pardon
Art. 95
Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.
NOTES:
Question: What is the effect of the acceptance of the convict of a conditional pardon?
Answer: It would interrupt the acceptance of the prescriptive period.
If delivered and accepted, it is a contract between the executive and the convict that the former will release the latter upon compliance with the condition.
Example of a condition: “Not to violate any of the penal laws of the country again”.
Consent is not necessary in commutation.
Prisoner is also allowed special time allowance for loyalty which is 1/5 deduction of the period of his sentence.
PAROLE – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed.
Good conduct allowance during confinement – Deduction for the term of sentence for good behavior
Allowances For Good Conduct Per Year
Years Allowance
First 2 years 5 days per month of good behavior
3rd to 5th years 8 days per month of good behavior
Following years up to 10th year 10 days per month of good behavior
11th year and successive years 15 days per month of good behavior
NOTE: Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest.