Philippine Bar review · Question

Practice question: Absolute Pardon

Multiple Choice Easy

Practice question

Under the current Constitution, when may the President grant an ordinary pardon, subject to its other constitutional limitations?
  1. Before any charge exists as a substitute for amnesty
  2. After conviction by final judgment
  3. Only after the victim signs a contract
  4. Whenever a trial court has issued any nonfinal ruling
  5. Only after every civil debt is paid

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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