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0 tracked cards Criminal Law

Napoleon T. was convicted of illegal possession of dangerous drugs with intent to sell and was sentenced to reclusion perpetua. After serving 7 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 15 years. (a) What is the effect of this commutation on Napoleon'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 time served before the commutation is ignored in computing the new fixed term. The Board's recommendation is binding on the President, so he must reduce the sentence to exactly 15 years and cannot alter it. The commutation reduces the penalty to a fixed term of 15 years; time already served (7 years) is credited toward the new term, so Napoleon has 8 years left to serve from the grant date; criminal liability remains; this is a commutation, not a pardon. Time served is not credited; the 15-year fixed term starts from zero on the grant date, so he must serve 15 years from then.

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