CONSTI Double Compensation

Question 1

Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

The prohibition againts additional, double or indirect compensation has a dual purpose:

Double Compensation

Answer 1

1. To inform the people of the exact amount of public functionary is receiving from the government so they can demand commensurate services (Commensurate service refers to providing a level of service that is proportional or equivalent to a particular standard, expectation, or requirement. In other words, the quality and extent of the service should match the needs, expectations, or criteria it is intended to meet.)
2. And to prevent the public functionary from dividing his time among the several positions concurrently held by him and ineptly performing his duties in all of them because he cannot devote to each the proper attention it deserves.

Question 2

Is the prohibition againts additional, double or indirect compensation absolute?

Double Compensation

Answer 2

No, the exception is where the law allows him to receive extra compensation for services rendered in another position which is an extension or connected with the basic work,

Example: The chairmen of the committees on education in the two houses of the Congress may collect allowances as ex officio members of the U.P board of regents

Question 3

What is the rationale for the prohibition against double compensation?

Double Compensaton

Answer 3

This is to manifest commitment to the fundamental principle that a public office is a public trust. It is expected of a government official or employee that he keeps uppermost in mind the demands of public welfare. He is there to render public service

The temptation to further personal ends, public employment as a means for the acquisition of wealth, is to be resisted. That at least is the idea. Awareness on the part of the officer or employee of the government that he is to receive only such compensation as may be fixed by law. With such a realization, he is expected not to avail himself of devious or circuitous means to increase the remuneration attached to his position.

This is to manifest a commitment to the fundamental principle
that a public office is a public trust. It is expected of a government
official or employee that he keeps uppermost in mind the
demands of public welfare. He is there to render public service.
He is of course entitled to be rewarded for the performance of the functions entrusted to him, but that should not be the overriding
consideration. The intrusion of the thought of private gain should
be unwelcome. The temptation to further personal ends, public
employment as a means for the acquisition of wealth, is to be resisted. That at least is the ideal. There is then to be an awareness
on the part of an officer or employee of the government that he is
to receive only such compensation as may be fixed by law. With
such a realization, he is expected not to avail himself of devious
or circuitous means to increase the remuneration attached to his
position.

Question 4

Explanation of Double Compensation

Double Compensation

Answer 4

Double compensation more properly refers to two sets of compensations for two different offices held concurrently by one officer. There is no general prohibition against holding two offices which are not incompatible; but when an officer accepts a second office, he can draw the salary attached to such second office only when he is specifically authorized by law to receive double compensation.

Question 5

An interesting case of prohibited double compensation was Santos
v. Court of Appeals, Upon optional retirement from the judiciary
on 1 April 1992, Santos received full payment of his retirement gratuity

Under R.A. No. 910, as amended. For five years, thereafter he continued receiving a monthly pension. Thereafter he was appointed Director III of the defunct Metro Manila Authority (MMA). The first question was whether as Director III he could continue to receive his pension while receiving salary as Director?

Was whether upon separation as Director the computation of his separation under R.A. No. 7294 should include his years of service in the judiciary?

Double Compensation

Answer 5

First question - The Court ruled that he could. The compensation would be for two different services.

The second question - To this question the Court said no because it would amount to double compensation for the same service in the judiciary for which he had already been paid. R.A. No. 7924 does not specifically authorize payment of additional compensation for years of government service outside of the MMA.

Question 6

What is the meaning of Pensions or Gratuities shall not be considered as additional, double, or indirect compensation under CSC section 8?

Double Compensation

Answer 6

The court affirmed that the “pensions and gratuities” mentioned in the second paragraph of Section 8 article IX-B refers to Compensation already earned, for instance by a retiree

A retiree receiving pensions or gratuities after retirement can continue to receive such pension or gratuity even if he accepts another government position to which another compensation is attached

Question 7

The second question
Was whether upon separation as Director the computation of his separation under R.A. No. 7294 should include his years of service in the judiciary.

Double Compensation

Answer 7

To this question the Court said no because it would amount to double compensation for the same service in the judiciary for which he had already been paid. R.A. No. 7924 does not specifically authorize payment of additional compensation for years of government service outside of the MMA.

Question 8

Entitlement to separation pay does not disqualify the separated employee who is likewise qualified to receive loyalty award. Do you agree?

Double compensation

Answer 8

It explained that it would be ridiculous, if not deleterious, to deprive employees who were forced to relinqiush their livelihood, of an award they have duly earned thoughout their service in the government, simply because they accepted the separation pay due them from the separation or displacement.

Question 9

The Purpose of COMELEC

Answer 9

To be more effective instrument in maintaining the secrecy and sanctity of the ballot as the concrete expression of the will of the sovereign people.

Question 10

1. Nature of the powers of the Commission.
   The “nature of” something refers to its fundamental qualities, characteristics, or essence. It’s about understanding what makes something what it is at its core.

Answer 10

Like the Civil Service Commission, the Commission on Elections
is an administrative agency. As such, therefore, the powers it possesses are executive, quasi-judicial, and quasi-legislative. By exception it is allowed as a special case rather than following the normal routine., however, it has been given judicial power as “sole judge of all contests relating to the elections, returns, and qualifications of all elective” local officials. Judicial power, however, is given to the Commission only in a limited way. Thus, although there may be authorities in other jurisdictions which maintain that the authority to issue writs of certiorari, prohibition and mandamus is inherent in the power of appellate courts, it must be remembered that the Commission on Elections is not a court but an administrative agency.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Question 11

What is the purpose of the body of the COMELEC?

The Commission on Elections

Answer 11

To be a more effective instrument in maintaining the secrecy and sanctity of the ballot as the concrete expression of the will of the sovereign people.

Question 12

What is the Composition and Qualifications of COMELEC?

The Commission on Elections

Answer 12

Section 1. There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Question 13

The Supreme Court explained that the provision that majority of Comelec members should be lawyers pertains to?

The Commission on Elections

Answer 13

The desired compositon of the COMELEC. While the appointing authority may follow such constitutional mandate, the appointment of a full complement of lawyers in the COMELEC membership is not precluded.

Question 14

The COMELEC is a collegial body. Collegial body meaning,

The Commission on Elections

Answer 14

A collegial body is a group or organization composed of members who share equal power and responsibility in making decisions. These bodies operate based on principles of shared leadership and collective decision-making. Accordingly, the act of the head of a collegial body cannot be considered as that of the entire body itself.

Question 15

What is the additional requirement not specified for the other Constitutional Commissions?

The Commission on Elections

Answer 15

It is that the majority of the body, including the chairman, must be members of the Philippine bar with at least ten years of practice. As this is required obviously because of the duty reposed in them to be the sole judge of certain election constests, it is remarkable that the qualification is not imposed on all the members.

Question 16

It is that the majority of the body, including the chairman, must be members of the Philippine bar with at least ten years of practice. As this is required obviously because of

The Commission on Elections

Answer 16

the duty reposed in them to be the sole judge of certain election constests, it is remarkable that the qualification is not imposed on all the members.

Question 17

The Commission on Elections shall have the following powers and functions under Article IX-C, Section 2

The Commission on Elections

Answer 17

Section 2. The Commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.
3. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.
4. Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
5. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
6. Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens’ arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.
7. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.
8. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.
9. Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
10. Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision.
11. Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Question 18

1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

The Commission on Elections

Answer 18

By virtue of such authority, the Commission on Elections can require compliance with the rules for the
* filing of certificates of candidacy
* prevent or prosecute election offenses
* supervise the registration of voters and the holding of the polls,
* and see to it that the canvass of the votes and the proclamation of the winners are done in accordance with the law.

Question 19

Section 2. The Commission on Elections shall exercise the following powers and functions:

1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

The Commission on Elections

Answer 19

By virtue of such authority, the Commission on Elections can require

• compliance with the rules for the filing of certificates of candidacy,
• prevent or prosecute election offenses,
• supervise the registration of voters and the holding of the polls,
• and see to it that the canvass of the votes and the proclamation of the winners are done in accordance with law.

Question 20

Such authority includes the power

The Commission on Elections

Answer 20

• to annul an illegal registry of voters,
• to canvass election returns, except those for the President and the Vice-President which is done by the Congress and to cancel a proclamation made by the board of canvassers on the basis of an irregular or incomplete canvass,
• and even to oust the candidate proclaimed notwithstanding that he has already assumed office.
• The commision on Elections may reject nuissance candidacies, refuse to give due course to or cancel certificates of candidacy, or even disqualify candidates.

Question 22

Ministerial duty of COMELEC

The Commission on Elections

Answer 22

It should be noted that when a candidate files his certificate of candidacy, the COMELEC has the ministerial duty to receive and acknowledge its receipt.

Question 23

Sample Nuisance Candidate

The Commission on Elections

Answer 23

The commission may motu proprio (“Motu proprio” is a Latin phrase that translates to “on his own initiative.” It is commonly used in legal and ecclesiastical contexts to indicate actions taken independently and without external prompting, usually by a person in authority.) or upon a verified petition of an interested party, refuse to give due course to or cancel a certificate of candidacy if it is shown that said certificate has been filed to put the election process in mockery or disrepute or to cause confusion among the voters by the similarity of the names of the registered candidates or by other circumstances or acts which clearly demonstrate that the candidate has no bona fide (Bona fide is a Latin term that means “in good faith.” It is often used to describe something that is genuine, real, or sincere, without any intention to deceive.) intention to run for the office for which the certificate of candidacy has been filed and thus prevent a faithful determination of the true will of the electorate.

Example: Votes cast for a nuissance candidate declared as such in a final judgment, particularly where such nuissance candidate has the same surname as that of the legitimate candidate, shall not be considered as stray but counted in favor of the latter.

Question 24

Distinctions between petitions for disqualification of candidates and petitions to reject or cancel certificates of candidacy

Answer 24

Under section 68 of the Omnibus Election code, a candidate may be disqualified if he commits any of the election offenses or “ prohibited acts” specified therein, or if he is a permanent resident of or an immigrant to a foreign country. Section 68 clearly refers to The commission of prohibited acts and possession of a permanent resident status in a foreign country.

The prohibited acts covered by section68 refer to election campaign or political activity outside the campaign period.

The jurisdiction of the COMELEC to disqualify candidates is limited to those enumerated in Section 68 of the Omnibus Election Code. All other election offenses (referring to those criminal cases which provide for the accessory penalty or disqualification are beyond the ambit of COMELEC jurisdiction. They are criminal and not administrative in nature.

Question 25

Section 68. Disqualifications.

Answer 25

Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having

(a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that allowed by this Code;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.

Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.

Question 26

Is Lack of substantive qualifications of a candidate, like non-registration as a voter, is not a ground for a petition for disqualification under section68?

Answer 26

No, The petition for disqualification under Section 68 is, being limited to the electoral aspect, an administrative proceeding separate and distinct from criminal proceeding through which the candidate may be made to undergo in order to determine whether he can be held criminally liable for the same prohibited act election offense.

Question 27

The jurisdiction of the COMELEC to disqualify candidates is limited to those enumerated in Section 68 of the Omnibus Election Code. All other election offenses refering to those criminal cases which provide for the accessory penalty of disqualification are

Answer 27

beyond the ambit of COMELEC jurisdiction. The are criminal and not administrative in nature.

Question 28

The penalty of Perpetual Disqualification to hold public office may be properly imposed on a candidate for public office who

Answer 28

repeatedly fails to submit this Statement of Contributions and expenditures (SOCE) pursuant to Section 14 of RA 7166

Question 29

Distinctions between petitions for disqualification of candidates and petitions to reject or cancel certificates of candidacy

Answer 29

Under section 68 of the Omnibus Election code, a candidate may be disqualified if he commits any of the election offenses or “ prohibited acts” specified therein, or if he is a permanent resident of or an immigrant to a foreign country. Section 68 clearly refers to The commission of prohibited acts and possession of a permanent resident status in a foreign country. The prohibited acts covered by section68 refer to election campaign or political activity outside the campaign period.

Under section 78 of the same law, a certificate of candidacy may be denied due course or cancelled if found to be containing material representations which are false and deliberately made. The use of a name other than that stated in the certificate of birth is not a material misrepresentation,

Question 30

Define material misrepresentation.

Answer 30

It refers to qualifications for elective office. Furthermore, aside from the requirement of materiality, the false representation must consist of a deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineeligible.
Ex. It must be made with an intention to deceive the electorate as to one’s qualification for public office

Question 31

Example of Misrepresentations:

Answer 31

These would include misrepresentations as to:
* Age
* residence
* Citizenship
* non-possession of natural born status as a voter
* and eligibility

Although prevented/precluded from running for a fourth term because of the three-term limit rule, claims to be nonetheless qualified, or when one claims to be eligible despite imposed upon him in connection with his conviction in a criminal case, and being a fugitive from justice unless he has been given plenary pardon or granted amnesty.

Question 32

Under said Section 12, the disqualification shall be removed after the expiration of a period —- of from his service of sentence

Answer 32

Section 12 Disqualifications. - Any person who has been declared by competent authority:

• insane or incompetent, or
• has been sentenced by final judgment for subversion, insurrection, rebellion or
• for any offense for which he has been sentenced to a penalty of more than eighteen months or
• for a crime involving moral turpitude, shall be disqualified to be a candidate and to hold any office, unless he has been given plenary pardon or granted amnesty.

This disqualifications to be a candidate herein provided shall be deemed removed upon the declaration by competent authority that said insanity or incompetence had been removed or after the expiration of a period of five years from his service of sentence, unless within the same period he again becomes disqualified.

A declaration by competent authority is an official statement or proclamation made by an individual or body that has the legal power or jurisdiction to do so.

Question 33

Is there any prescription to file a petition for disqualification under Section 68?

Answer 33

No, A petition for disqualification under Section 68 may be filed at any time after the last day for filing of the certificates of candidacy but not later than the candidate’s proclamation should he win in the elections, while a petition to deny due course to or cancel a certificate of candidacy under Section 78 must be filed at any time not later than 25 days from the filing of the certificate of candidacy.

Question 34

Who will assume jurisdiction and ruled on the merits on petition to deny due course or to cancel a certificate of candidacy under Section 78 even if they were filed beyond the prescribed 25 day deadline?

Answer 34

It should be stressed that the Supreme Court has assumed jurisdiction and ruled on the merits

Question 35

Section 68 v Section 78

Answer 35

While a person who is disqualified under Section 68 is merely prohibited to continue as a candidate, the person whose certificate is cancelled or denied due course under section 78 is not treated as a candidate at all.

Question 36

A candidate disqualified under section 68 may be substituted?

Answer 36

Yes, under section 68 may be validly substituted but only by an official candidate of his registered or accredited party.

Question 37

A candidate may be substituted if?

Answer 37

• If he dies
• is disqualified
• withdraws

Question 38

Substitution In cases of death or disqualification may usually be made until when?

Answer 38

midday of election day

Question 39

In case of withdrawal, how long the susbstitution be made?

Answer 39

An earlier deadline is usually prescribed for substitution by reason of withdrawal. However, in cases of withdrawal, the substitute can only file his Certificate of Candidacy within the period fixed by Comelec.

Question 40

Reason for A candidate whose certificate of candidacy is cancelled or denied due course may likewise not be substituted

Answer 40

A cancelled certificate of candidacy void ab initio cannot give rise to a valid candidacy and much less to valid votes

Question 41

Candidates for elective offices can be substituted. Pursuant to Section 77 of Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code, substitution of candidates is allowed only in cases of death, withdrawal or disqualification of the original candidate.

Answer 41

In cases of death or disqualification, the substitute may file his Certificate of Candidacy up to mid-day of election day.

However, in cases of withdrawal, the substitute can only file his Certificate of Candidacy within the period fixed by Comelec.

As held in Federico vs. Comelec (G.R. No. 199612, 22 January 2013), the reason for the distinction can easily be divined. Unlike death or disqualification, withdrawal is voluntary. Generally, a candidate has sufficient time to ponder on his candidacy and to withdraw while the printing has not yet started. If a candidate withdraws after the printing, the name of the substitute candidate can no longer be accommodated in the ballot and a vote for the substitute will just be wasted. Consequently, a substitute (due to the withdrawal of the original candidate) who files his Certificate of Candidacy beyond the deadline fixed by Comelec, shall not be considered a valid candidate.

There are limitations to substitution. It is not allowed for independent candidates. However, despite lack of political affiliations, substitution is allowed for barangay candidates. (Rulloda vs. Comelec, G.R. No. 154198, 20 January 2003) Further, only a person belonging to and certified by the same political party of the original candidate can be a substitute. Even if the substitute only became a member of the same political party of the original candidate after the latter’s death, withdrawal or disqualification, the same is allowed and the substitution will be upheld. There is nothing in the Constitution or the statute which requires as a condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. (Sinaca vs. Mula, G.R. No. 135691, 27 September 1999) In addition, pursuant to Comelec Resolution No. 10430 (promulgated 01 October 2018), the substitute for a candidate who died or was disqualified by final judgement, may file a Certificate of Candidacy up to mid-day of election day provided that the substitute and the substituted have the same surnames.

In Luna vs. Comelec (G.R. No. 165983, 24 April 2007), the Supreme Court struck down the order of Comelec in invalidating the substitution done grounded on the withdrawal by the original candidate for the latter’s failure to meet the age requirement. In the absence of a petition to deny due course or cancel the Certificate of Candidacy, the Comelec cannot declare the original candidate, being under age, to not have filed a valid certificate of candidacy and thus could not be substituted. In such case, the Supreme Court upheld the substitution.

In case of valid substitutions, votes cast for substituted candidates are considered stray, except if the substitute candidate has the same surname. It must be borne in mind that if a person’s Certificate of Candidacy has been denied due course and/or cancelled pursuant to Section 78 of the Omnibus Election Code, he cannot be validly substituted since a person whose certificate is cancelled or denied due course under Section 78 is not treated as a candidate at all. (Tagolino vs. HRET, G.R. No. 202202, 19 March 2013) A cancelled certificate of candidacy void ab initio cannot give rise to a valid candidacy, and much less to valid votes. (Tea vs. Comelec, G.R. No. 195229, 9 October 2012) Therefore, votes cast in favor of a candidate whose COC was cancelled either before or after the elections, are considered as stray votes. Being stray votes, should the candidate whose COC was cancelled garner the highest number of votes, he cannot be proclaimed as the winner. It shall be the candidate who garnered the second highest number of votes who will be declared victorious.

Question 42

the reason for the distinction

Answer 42

can easily be divined. Unlike death or disqualification, withdrawal is voluntary.

Question 43

Instances when the grounds for both Section 68 and 78 may overlap?

Answer 43

As when a candidate who represents that he is resident of the place where he seeks election but is actually a permanent resident or immigrant to a foreign country, in which case, he would clearly also not be a resident of the place where he seeks election for at least one year immediately preceeding the day of the election.

In such cases, the Court clarified that one who would like to assail the candidacy of that person may avail himself of either remedy.

SECTION 68. Disqualifications. – Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having
(a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy;
(c) spent in his election campaign an amount in excess of that allowed by this Code;
(d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, sub-paragraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office.

Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. (Sec. 25, 1971 EC)

SECTION 78. Petition to deny due course to or cancel a certificate of candidacy. – A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election.

These would include misrepresentations as to:
* Age
* residence
* Citizenship
* non-possession of natural born status as a voter
* and eligibility

Although prevented/precluded from running for a fourth term because of the three-term limit rule, claims to be nonetheless qualified, or when one claims to be eligible despite imposed upon him in connection with his conviction in a criminal case, and being a fugitive from justice unless he has been given plenary pardon or granted amnesty.