Facts:
Romarico
Mendoza (petitioner) is a company boss/employer convicted for violating a
special law known as the Social Security Condonation Law of 2009 for
non-remittance of the Social Security Service (SSS) contributions to his
employees. The offense is criminal in nature. Nevertheless, Mendoza admitted
his fault, as he said, he acted in good faith. But still, the Court has to
render judgment and apply the proper penalty how harsh it may be dura lex sed
lex).
The
Court sentenced Mendoza to an indeterminate prison term. Considering the
circumstances, the court the Court transmitted the case to the Chief Executive,
through the Department of Justice, and RECOMMENDS the grant of executive
clemency to the petitioner.
Issue:
Without
violating the separation of powers, can the Supreme Court recommend to the
President, the grant of executive clemency to a convict?
Ruling:
The
Court the discretion to recommend to the President actions it deems appropriate
but are beyond its power when it considers the penalty imposed as excessive. It
is clearly stated in the Revised Penal Code which provides; “Whenever a court
has knowledge of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision, and shall report to the
Chief Executive, through the Department of Justice, the reasons which induce
the court to believe that said act should be made the subject of legislation.
In the same way, the court shall submit to the Chief Executive, through the
Department of Justice, such statement as may be deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused
by the offense.”