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Philippine Bar review · Question

Practice question: Scope and Limitations

Multiple Choice Medium

Practice question

A trial court convicts a defendant, but his ordinary appeal remains pending and the conviction is not final. He requests an ordinary presidential pardon now, relying solely on the trial judgment. Under the present Constitution, which is correct?
  1. The final-judgment condition has not yet been met
  2. The pending appeal automatically counts as finality
  3. Every trial judgment is final immediately upon reading
  4. The President's signature eliminates the constitutional timing requirement
  5. The prosecutor alone may waive the constitutional condition

Legal references

  • 1987 Constitution, Article VII, Section 19: https://lawphil.net/consti/cons1987.html

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