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Facts
Petition for habeas corpus filed on behalf of petitioner who is currently confined in the National
Penitentiary for Muntinlupa
In 1979, petitioner was convicted for two counts of estafa. Punished for an aggregate term of 11
years 10 months and 22 days up to 38 years 9 months and 1 day as well as an indemnity of
P127,728.75
On April 18, 1979, petitioner was granted a conditional pardon on condition that he would not
again violate any of the penal laws of the Philippines
On May 21, 1986, the Board of Pardons and Parole recommended to the President to cancel the
pardon because the petitioner had been charged with 22 counts of estafa on March 22, 1982
and June 24, 1982. He was also convicted on June 26, 1985 for the crime of sedition.
Additionally, the NBI sent the Board a letter that they had a long list of charges against the
petitioner during the last 20 years for crimes such as estafa, swindling, grave threats, grave
coercion and others.
On June 4, 1986, the Minister of Justice wrote to the President of the resolution of the board
recommending the cancellation of the conditional pardon
On September 8, 1986, the President cancelled the conditional pardon
On October 10, 1986, the Minister of Justice issued an Order of Arrest and Recommitment
against petitioner
Issue: whether or not conviction of a crime by final judgment is necessary before the petitioner can be
validly rearrested and recommitted
Hold: No
Ratio
DISSENT (Cruz):