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People of the Philippines vs. Benedicto Jose [SEPARATE OPINIONS OZAETA, PARAS, PERFECTO, HILADO]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. BENEDICTO JOSE Y SANTOS, defendant-appellee. [SEPARATE OPINIONS OZAETA, PARAS, PERFECTO, HILADO]

G.R. No. L-22 | 1945-12-20

Separate Opinions 

OZAETA, J., concurring and dissenting: 

I concur in the result. The conditional pardon involve in this case had no legal basis because, for the reasons stated in my concurring opinion in the case of Peralta vs. Director of Prisons (G. R. No. L-49, p.306, ante) the sentence in criminal case No. 3 of the Court of Special and Exclusive Criminal Jurisdiction, which said pardon purported to remit, was null and void. 

I dissent from the ratio decidendi of the majority opinion because I think it is untenable. The majority opinion holds that the sentence rendered against the herein appellee in said criminal case No.3...