a. Conditional Pardon

Art. 159. Other Cases of Evasion of Service of Sentence

A convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon.

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Elements:

• That the offender is a convict (he had been convicted);
• That he was granted a conditional pardon by the Chief Executive; and
• That he violated any of the conditions of such pardon.

Notes:

• If the alleged violation of the conditional pardon consists of committing a subsequent offense, the offender must have been found guilty of that offense before he can be prosecuted under this Article.
• But under the Revised Administrative Code, no trial and conviction is necessary for the exercise by the President of the power to authorize arrest and reincarceration of violator of pardon.

Pardon

• When a quasi-recidivist reaches the age of 70 and he has served out his original sentence, he may be pardoned.
• He may also be pardoned if he finishes serving the original sentence only after he reaches 70.