Practice question
A finally convicted ordinary offender receives a valid absolute pardon. He says the Constitution also requires Congress to approve this individual grant because amnesty needs legislative concurrence. He identifies no election offense or other special restriction. Is his reasoning sound?
- No; he conflates the distinct constitutional rules for pardon and amnesty
- Yes; every pardon is amnesty
- Yes; every pardon needs a new statute
- Yes; Congress must retry the criminal case
- Yes; pardon exists only during legislative recess
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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