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All Jurisprudence based

0 tracked cards Criminal Law

Rosa D. was convicted of murder and sentenced to reclusion perpetua. After serving 10 years, the Board of Pardons and Parole recommended commutation of the remaining penalty, and the President issued an order reducing the sentence to a fixed term of 12 years. (a) What is the effect of this commutation on Rosa's criminal liability and on the penalty to be served, including how the time already served interacts with the new term? (b) Distinguish commutation from a pardon (or remission) and explain why the President's action here constitutes a commutation rather than a pardon.

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The commutation reduces the penalty to a fixed 12-year term; Rosa's criminal liability remains for the offense; the 10 years she has already served are credited toward the new term, leaving 2 years to serve before release. The commutation to a fixed term of 12 years means Rosa is automatically eligible for parole after 6 years, regardless of the time served. The time already served is not credited; Rosa must serve the full 12 years anew from the date of commutation. The commutation changes the offense to a lesser one but keeps the same liability; Rosa would still serve 12 years plus potential penalties.

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