Philippine Bar review · Question

Practice question: Forms of Executive Clemency

Multiple Choice Hard Jurisprudence

Practice question

An amnesty proclamation validly covers a defined class of political offenses during a stated period. A person has one act concededly within that class and a separate private fraud concededly outside its terms. He argues that being a beneficiary as to the first act automatically amnesties the second. Which analysis is correct?
  1. Any amnesty beneficiary gains immunity for all unrelated acts.
  2. The grant’s coverage must be applied to each relevant act; benefit for the covered political offense does not automatically include the stipulated excluded fraud.
  3. Amnesty is ineffective unless it covers every offense ever committed.
  4. A private fraud becomes covered solely because the defendant requests it.
  5. Courts must ignore the proclamation’s limits.

Legal references

  • Barrioquinto v. Fernandez, G.R. No. L-1278, January 21, 1949, main decision: https://lawphil.net/judjuris/juri1949/jan1949/gr_l-1278_1949.html
  • 1987 Constitution, Article VII, Section 19: https://lawphil.net/consti/cons1987.html

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