The People of the Philippine Islands and Hong Kong & Shanghai Banking Corporation vs.

Jose
Vera and Mariano Cu Unjieng
65 Phil. 56
November 16, 1937

Petitioners: The People of the Philippine Islands and Hong Kong & Shanghai Banking
Corporation
Respondents: Jose Vera and Mariano Cu Unjieng
Nature of the Action: Issuance of the writ of certiorari and of prohibition to the Court of First
Instance

Ponente: Laurel, J.

Facts:
Respondent Jose O. Vera is the Judge ad interim of the seventh branch of the Court of
First Instance of Manila, who heard the application of the Mariano Cu Unjieng for
probation under the provisions of Act No. 4221 in his criminal case entitled "The People
of the Philippine Islands vs. Mariano Cu Unjieng, et al."
HSBC questioned the authority of Vera to hold such hearings and assailed the
constitutionality of the act since it violates the equal protection of laws and gives
unlawful and improper delegation to provincial boards.
Section 11 of Art 4221 states that the act shall only be applied in those provinces
wherein the probationary officer is granted salary not lower than provincial fiscals by
respective provincial boards.
The City Fiscal of Manila files a supplementary petition affirming issues raised by
HSBC, arguing that probation is a form of reprieve. Thus, the Act 4221 bypasses this
exclusive power of the Chief Executive. Hence this petition in the Supreme Court

Issue:
Whether or not Act 4221 (Probation Act) is constitutional based on the grounds that it
encroaches upon the pardoning power of the executive, it constitutes an undue delegation of
legislative power; and it denies the equal protection of the laws.

Ruling:

There is a fine line between pardon and probation. Pardoning power is solely within the
power of the Executive. Pardon is an act of grace, proceeding from the power intrusted with
the execution of the laws which exempts the individual on whom it is bestowed from the
punishment the law inflicts for a crime he has committed. It is a remission of guilt or a
forgiveness of the offense. Probation has an effect of temporary suspension and the
probationer is still not exempt from the entire punishment which the law inflicts upon him as
he remains to be in legal custody for the time being.

Probation Act violates the provision of our Bill of Rights which prohibits the denial to
any person of the equal protection of the laws. It also constitutes an improper and unlawful
delegation of legislative authority to the provincial boards because the Congress did not set any
standards on how provincial boards must act in carrying out a system of probation. The
provincial boards are given absolute discretion. Thus, Art 4221 is unconstitutional and void.