Philippine Bar review · Question

Practice question: Absolute Pardon

Multiple Choice Easy

Practice question

How does Article 89 classify absolute pardon?
  1. As a ground of total extinction of criminal liability
  2. As automatic proof that no criminal act occurred
  3. As a transfer of guilt to the victim
  4. As a new sentence without clemency
  5. As mandatory reinstatement to every former job

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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