Philippine Bar review · Question

Practice question: Scope and Limitations

Multiple Choice Hard

Practice question

An election-law offender is convicted by final judgment. The President signs a pardon, but COMELEC has expressly declined to give a favorable recommendation. Advisers argue that final conviction satisfies the only constitutional limit and that a recommendation is merely optional advice. Which answer is best?
  1. The recommendation is optional in every election offense
  2. Any political endorsement replaces COMELEC's recommendation
  3. The pardon does not satisfy the additional election-law clemency requirement
  4. The President may abolish the requirement in the pardon text
  5. The recommendation matters only before conviction

Legal references

  • 1987 Constitution, Article VII, Section 19: https://lawphil.net/consti/cons1987.html
  • 1987 Constitution, Article IX-C, Section 5: https://lawphil.net/consti/cons1987.html

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