FACTS: Original petition for habeas corpus filed on behalf of petitioner Wilfredo S. Torres, presently confined at National Penitentiary in Muntilupa.

Sometimes before 1979, petitioner was convicted by the Court of First Instance of the crime of estafa (2 counts) and was sentenced to an aggregate prison term of from 11 years, 10 months and 22 days to 38 years, 9 months and 1 day. The convictions were affirmed by the Court of Appeals, the maximum sentence would expire on November 2, 2000.

On April 18, 1979, a conditional pardon was granted to the petitioner by the President of the Philippines on condition that petitioned would not again violate any of the penal laws.

On May 21, 1986, the Board of Pardons and Parole resolved to the President the cancellation of the conditional pardon. The evidence before the board showed that on March 22, 1982 - June 24, 1982, petitioner had been charged with 20 counts of estafa, which cases were then pending before the Regional Trial Court of Rizal (Quezon City). It also showed that on June 26, 1985, he had been convicted by the Regional Trial Court of the crime of sedition. The said conviction was then pending appeal before the Appellate Court. There also letter report from the NBI that a long list of charges had been brought against the petitioner for the last 20 years.

ISSUE(S): Whether or not conviction of crime by final judgment of a court is necessary before the petitioner can be validly rearrested and recommitted for violation of the terms of his conditional pardon and accordingly to serve the balance of his original sentence?

HELD: The Grant and Determination of breach of condition of pardon is purely executive acts and it is no subject to judicial scrutiny under Sec. 64 (1) of the Revised Administrative Code.

Violation of conditional pardon - prior conviction by final judgment of subsequent crime necessary before parolee or convict may suffer the penalty prescribed in Article 159.