Floresii universityofsantotomas

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Unformatted text preview: n of the death sentence upon a pregnant woman, to prevent the killing of her unborn child. Q: What is commutation? A: It is the reduction or mitigation of the penalty, from death penalty to life imprisonment, remittances and fines. Commutation is a pardon POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. EXECUTIVE DEPARTMENT in form but not in substance, because it does not affect his guilt; it merely reduces the penalty for reasons of public interest rather than for the sole benefit of the offender. the terms upon which the sentence shall be suspended. Note: Commutation does not have to be in any form. Thus, the fact that a convict was released after 6 years and placed under house arrest, which is not a penalty, already leads to the conclusion that the penalty has been shortened. A: It is a grant of general pardon to a class of political offenders either after conviction or even before the charges are filed. It is the form of executive clemency which under the Constitution may be granted by the President only with the concurrence of the legislature. Q: What is amnesty? Q: Can the SC review the correctness of the action of the President in granting executive clemency by commuting the penalty of dismissal, as ruled by the Court, to a dismissed clerk of court? Note: Thus, the requisites of amnesty are (a) concurrence of a majority of all the members of Congress and (b) a previous admission of guilt. A: Yes. By doing so, the SC is not deciding a political question. What it is deciding is whether or not the President has the power to commute the penalty of the said...
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