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  • Removes All That Is Left of The Consequences of Conviction. Thus The Better

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    The petitioner Lacuna challenged the eligibility of Abes to run for and assume the office of mayor. Abes had previously been convicted of a crime but was later granted a conditional pardon by the president, and later an absolute and unconditional pardon. The court held that a plenary pardon, granted after election but before assuming office, removes any disqualifications from the previous criminal conviction. A pardon not only eliminates the crime but removes all legal disabilities and consequences resulting from the conviction. The president has broad authority to grant pardons to relieve individuals of disabilities from criminal convictions.

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    The petitioner Lacuna challenged the eligibility of Abes to run for and assume the office of mayor. Abes had previously been convicted of a crime but was later granted a conditional pardon by the president, and later an absolute and unconditional pardon. The court held that a plenary pardon, granted after election but before assuming office, removes any disqualifications from the previous criminal conviction. A pardon not only eliminates the crime but removes all legal disabilities and consequences resulting from the conviction. The president has broad authority to grant pardons to relieve individuals of disabilities from criminal convictions.

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    288 views2 pages

    Removes All That Is Left of The Consequences of Conviction. Thus The Better

    Uploaded by

    Juvy Dimaano
    The petitioner Lacuna challenged the eligibility of Abes to run for and assume the office of mayor. Abes had previously been convicted of a crime but was later granted a conditional pardon by the president, and later an absolute and unconditional pardon. The court held that a plenary pardon, granted after election but before assuming office, removes any disqualifications from the previous criminal conviction. A pardon not only eliminates the crime but removes all legal disabilities and consequences resulting from the conviction. The president has broad authority to grant pardons to relieve individuals of disabilities from criminal convictions.

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    © All Rights Reserved
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    University of the Philippines College of Law

    Constitutional Law 1 | Prof. Charlemagne Yu


    Case Digest
    TOPIC: Effects of Pardon
    DOCTRINE:
    CASE Number: GR No. L-28613; Aug. 27, 1968
    CASE Name: Lacuna vs Abes
    Ponente: Reyes, JBL, J.

    FACTS
    Mayor-elect Abes had been convicted of the crime of counterfeiting treasury
    warrants and sentenced to prision mayor and a fine. After he had partially
    served his sentence, he was released on April 7, 1959 by virtue of a
    conditional pardon granted by the President, remitting only the unexpired
    portion of the prison term and fine. Without the pardon, his maximum
    sentence would have been served on Oct. 13, 1961.
    With the approach of the 1967 elections, Abes applied for registration as a
    voter but said application was denied. Despite this, Abes filed his certificate
    of candidacy for the office of mayor and later won. On Nov. 16, 1967, he was
    proclaimed the fully elected mayor. Lacuna placed second.
    Lacuna filed his petition for quo warranto with preliminary injunction in CFI
    Nueva Ecija. On the same day that the hearing was held on the application
    for preliminary injunction, the President granted Abes an absolute and
    unconditional pardon and restored to him full civil and political rights.
    CFI dismissed the petition, declaring Abes' eligibility to the position of mayor.
    Lacuna contends that the restoration of Abes' civil and pol. rights did not
    retroact to remove the disqualification existing anterior to the grant of the
    pardon.

    ISSUES
    Whether or not a plenary pardon, granted after election but before the date fixed
    by law for assuming office, had the effect of removing the disqualifications
    prescribed by both the criminal and electoral codes.

    HELD
    Yes: The view consistently adopted in this jurisdiction is that the pardon's
    effects should not be unnecessarily limited as it would lead to the impairment
    of the pardoning power, which was not contemplated in the Constitution.
    As laid down in the Pelobello case, "xxx subject to the limitations imposed by
    the Constitution, the pardoning power cannot be restricted or controlled by
    legislative action; that an absolute pardon not only blots out the crime
    committed but removes all disabilities resulting from conviction; and that
    when granted after the term of imprisonment has expired, absolute pardon
    removes all that is left of the consequences of conviction. Thus the better
    view is not to unnecessarily restrict or impair the power of the Chief
    Executive who, after inquiry into the environmental facts, should be at liberty

    to atone the rigidity of law to the extent of relieving completely the party or
    parties concerned from the accessory and resultant disabilities of criminal
    conviction.

    RULING:
    Wherefore the petition is affirmed.

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