Philippine Bar review · Question

Practice question: Amnesty

Multiple Choice Hard

Practice question

A successor President attempts unilaterally to revoke an earlier valid amnesty grant merely because the successor disagrees with it. No legislative concurrence or required process is supplied. Which reflects Trillanes?
  1. The President’s change of preference alone is enough
  2. Amnesty is never revocable even for legitimate unmet conditions
  3. Revocation requires legitimate legal grounds, constitutional process and legislative concurrence; unilateral preference does not suffice
  4. A press release substitutes for every safeguard
  5. Only the grantee’s political opponent decides

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution Article VII section 19: presidential amnesty and concurrence of a majority of all Members of Congress.
  • https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Articles89(3) and113: amnesty’s penal effect and survival of civil liability.
  • https://lawphil.net/judjuris/juri2024/apr2024/gr_241494_2024.html — Trillanes v. Medialdea, G.R. 241494,256660 and256078, April 3, 2024, main decision: legal effect, coverage, legislative concurrence and due process in revocation.
  • https://lawphil.net/judjuris/juri1949/jan1949/gr_l-1278_1949.html — Barrioquinto v. Fernandez, G.R. L-1278, January 21, 1949, main decision: amnesty distinguished from pardon.

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