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All Jurisprudence based

0 tracked cards Criminal Law

Leonardo A. was convicted of arson causing destruction of property and sentenced to reclusion perpetua. After serving 6 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 Leonardo'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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Commutation extinguishes the offender's criminal liability and frees him immediately. Commutation and pardon are identical; the President's action here constitutes both. The commutation reduces the penalty to a fixed term and the time already served is credited toward the fixed term; if the time served equals or exceeds the fixed term, the offender is released. The President can commute only if the original penalty is life imprisonment; a fixed-term commutation for other penalties is not allowed.

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