Philippine Bar review · Question

Practice question: Absolute Pardon

Multiple Choice Hard

Practice question

A valid absolute pardon expressly restores full civil and political rights. The beneficiary claims both restored eligibility to seek office and automatic entitlement to occupy a former office. Which is the sound distinction?
  1. Restored rights and appointment are necessarily identical
  2. No civil or political right can ever be restored
  3. The express restoration may remove the relevant disqualification, but officeholding still requires the applicable election or appointment and other qualifications
  4. The pardon automatically elects the beneficiary
  5. The victim personally appoints the beneficiary

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution Article VII section 19: pardon after conviction by final judgment and constitutional exceptions.
  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles36,89(4) and113: pardon, express restoration, criminal extinction and surviving civil liability.
  • https://lawphil.net/judjuris/juri1989/feb1989/gr_78239_1989.html — Monsanto v. Factoran, G.R. 78239, February 9, 1989, main decision: no automatic reinstatement/backpay or civil discharge; historical before 1987 grant is not used to alter the current final-conviction requirement.
  • https://lawphil.net/judjuris/juri2015/jan2015/gr_206666_2015.html — Risos-Vidal v. COMELEC, G.R. 206666, January 21, 2015, main decision: scope of an absolute pardon expressly restoring civil and political rights.

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