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Torres vs. Gonzales 152 SCRA 272 [DISSENTING OPINION, CRUZ, J.]

WILFREDO TORRES Y SUMULONG, petitioner, vs. HON. NEPTALI A. GONZALES, THE CHAIRMAN, BOARD OF PARDONS AND PAROLE, and THE DIRECTOR, BUREAU OF PRISONS, respondents.

G.R. No. 76872 | 1987-07-23

Separate Opinions

CRUZ, J., dissenting:

The petitioner challenges his recommitment, claiming he has not violated the condition of his pardon "that he shall not again violate any of the penal laws of the Philippines." The government bases its stand on the case of Espuelas v. Provincial Warden of Bohol, 108 Phil. 353, where it was held, in connection with a similar condition, that mere commission of a crime, as determined by the President, was sufficient to justify recommitment. Conviction was considered not necessary.

I would grant the petition.

There is no question that the petitioner is facing a long list of criminal charges, but that...