Drilon vs. CA
Drilon vs. CA
Drilon vs. CA
*
G.R. No. 91626. October 3, 1991.
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 1 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
* EN BANC.
379
SARMIENTO, J.:
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 2 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
1 Lantin, Jaime, J.; Javellana, Luis and Isnani, Asaali, JJ., Concurring.
2 Rollo, 4; 50.
3 Id., 50.
380
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 3 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
4 Id., 57-58.
5 Nos. 75983, 79077, 79599-600, 79862, 80565, April 15, 1988, 160 SCRA
700.
381
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 4 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
1. But first, We would like to state that, from the evidence, We find
that Mayor Ganzon was extended absolute pardon by the former
President. Former Deputy Presidential Executive Assistant Joaquin
Venus, Jr. declared before us that Ganzon's absolute pardon was
signed by the former President in Iloilo City on January 27, 1986 in
his presence; that the pardon was accepted by Mayor Ganzon as
signified by his signature thereon; that Exhibit C-1 is a photocopy of
the signed original; that the original copy was given to Mayor
Ganzon while he retained a photocopy for transmittal to former
Presidential Executive Assistant Juan Tuvera x x x.
Likewise, former Presidential Executive Assistant Juan Tuvera
testified that he was given by Deputy Presidential Executive
Assistant Venus the xerox copy of the presidential pardon extended
to Mayor Ganzon; that Exhibit 0-1 is a copy of said pardon bearing
the signature of the former president of which he is familiar; that
he showed to the former President the xerox copy of the pardon and
the latter confirmed having signed the original; that the former
President asked him to give the copy to him as he would show the
same to some visitors and to the former First Lady later in the
evening x x x.
_______________
382
We find no reason, and none has been offered, why these two high
ranking officials of the former administration would trifle with
truth and declare falsehood regarding the presidential grant of
pardon to Mayor Ganzon. We find them to be trustworthy and their
testimony to be deserving of full faith and credit. If Mayor Ganzon
was not actually extended absolute pardon, then he should have
remained incarcerated or under house arrest until the present time.
But such is not the case, and the military or the Government has
not explained why Mayor Ganzon has been enjoying unrestrained
7
freedom all these years since January 27, 1986.
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 5 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
7 Id., 54-55.
8 G.R. Nos. 85481-82, October 18,1990, 490 SCRA 686.
9 Resolution, February 26,1991.
10 Nos. 54558 and 69882, May 22, 1987, 150 SCRA 144.
383
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 6 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
384
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 7 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
385
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 8 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
_______________
17 CONST., (1973), art. IX, sec. 13, CONST. (1987), art. VII, sec. 19.
18 FERNANDO, THE CONSTITUTION OF THE PHILIPPINES, 287
(1977 ed.).
19 See People vs. Vera, 65 Phil. 56, 110 (1937).
20 REV. PEN. CODE, art. 94.
21 Supra, art. 96.
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 9 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
386
24
means to carry out Proclamation No. 1881, and second,
because of the records own scant condition as the exact
terms of his 25"house arrest" (which, parenthetically, no
longer exists. ) Hence, the view of the Court is that
irrespective of the "pardon," Ganzon has served his
sentence and to reiterate, he can no longer be
reinvestigated for the same offense, much more undergo
further imprisonment to complete. his service.
The fact that Ganzon might have gotten off too lightly,
so to speak, is immaterial, and even as we sympathize with
his victims' bereaved families, we can not ignore the legal
effects of then President Marcos' acts as we did not ignore
the legal implications
26
of trials 27 by military tribunals,
although void, as faits accomplis.
The Court therefore need not consider whether or not
Rodolfo Ganzon had been pardoned, and whatever "pardon"
the former President may have extended to him did not
erase the fact that as early as 1978, he was a free man. Of
course, he was supposed to have remained under house
arrest but as we said, not as a continuation of his sentence,
but pursuant to Marcos' vast arrest and commitment
powers during martial rule. The question·of whether or
not he should continue to remain 28
under house arrest·is
also a moot question as we noted, and arrests except upon
lawful judicial orders are no longer possible.
The Court's disposition, it is true, leaves Ganzon to all
intents and purposes "scot-free", yet whatever liberal
treatment he may have received is not his fault either, and
in the second place, "worse" people have been better
rewarded in this regime.
WHEREFORE, premises considered, the petition is
DENIED.
_______________
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 10 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
387
··o0o··
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 11 of 12
SUPREME COURT REPORTS ANNOTATED VOLUME 202 23/11/2017, 13:40
http://central.com.ph/sfsreader/session/0000015fe77860f2042bde47003600fb002c009e/p/APS696/?username=Guest Page 12 of 12