Practice question
A finally convicted election offender receives a presidential pardon despite COMELEC’s express adverse recommendation. Which defect matters?
- The constitutionally required favorable COMELEC recommendation is absent
- A pardon can never cover election offenses
- Only the trial judge can pardon
- All pardons require a plebiscite
- Final conviction itself bars clemency
Legal references
- 1987 Constitution VII19 and IX-C5: https://lawphil.net/consti/cons1987.html
- Monsanto v Factoran GR78239 February9,1989 MAIN: https://lawphil.net/judjuris/juri1989/feb1989/gr_78239_1989.html
- Revised Penal Code, relevant Articles: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Articles36 and89.
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