consti digest patriarca to saez.docx - PEOPLE V PATRIARCA 341 SCRA 464 G.R No 135457 FACTS On an information for murder was filed against Jose Patriarca

consti digest patriarca to saez.docx - PEOPLE V PATRIARCA...

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PEOPLE V. PATRIARCA 341 SCRA 464 G.R. No. 135457 FACTS : On August 16, 1990, an information for murder was filed against Jose Patriarca, Jr., alias "Ka Django," "Carlos Narra", "Ka Jessie," et al., charging them of murder. Accused-appellant Jose Patriarca, Jr. was also charged with Murder for the killing of one Rudy de Borja and a certain Elmer Cadag . The defense presented accused Jose Patriarca, Jr. and Francisco Derla who admitted that accused is a member of the NPA operating in Donsol, Sorsogon, but denied ever abducting the victims in the three criminal cases filed against him. Accused-appellant applied for amnesty under Proclamation No. 724 amending Proclamation No. 347, dated March 25, 1994, entitled "Granting Amnesty to Rebels, Insurgents, and All Other Persons Who Have or May Have Committed Crimes Against Public Order, Other Crimes Committed in Furtherance of Political Ends, and Violations of the Article of War, and Creating a National Amnesty Commission." His application was favorably granted by the National Amnesty Board. Attached to appellant's brief is the Notice of Resolution of the National Amnesty Commission (NAC). ISSUE: 1.What happens to his appeal? 2.What is the effect of the grant of amnesty to the conviction of the accused-appellant? RULING: The approval of his application for amnesty serves to put an end to his appeal. Amnesty commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended, by some breach, the law of nations. Amnesty looks backward, and abolishes and puts into oblivion, the offense itself; it so overlooks and obliterates the offense with which he is charged, that the person released by amnesty stands before the law precisely as though he had committed no offense. Accused-appellant Jose N. Patriarca, Jr. was granted amnesty under Proclamation No. 724 dated May 17, 1996. It amended Proclamation No. 347 dated March 25, 1994. Section 1 of Proclamation No. 724 reads thus: "Section 1. Grant of Amnesty. - Amnesty is hereby granted to all persons who shall apply therefor and who have or may have committed crimes, on or before June 1, 1995, in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special laws, including but not limited to the following: rebellion or insurrection; coup d'etat; conspiracy and proposal to commit rebellion, insurrection, or coup d'etat; disloyalty of public officers or employees; inciting to rebellion or insurrection; sedition; conspiracy to commit sedition; inciting to sedition; illegal assembly; illegal association; direct assault; indirect assault; resistance and disobedience to a person in authority or agents of such person; tumults and other disturbances of public order; unlawful use of means of publication and unlawful utterances; alarms and scandals; illegal possession of firearms, ammunitions, and explosives, committed in furtherance of, incident to, or in connection with the crimes of rebellion and insurrection; and violations of
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