Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. (Sec. 19, Art. VII, 1987 Constitution) |
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In 1918, Marcelino Lontok was convicted of the crime of bigamy. The SC affirmed the decision. In 1921, he was granted pardon by the Governor-General on condition that he shall not again be guilty of any misconduct.
The Attorney General, however, seeks to have Lontok disbarred because he has convicted of a crime involving moral turpitude. He contends that while the pardon removes the legal infamy of the crime, it cannot wash out the moral stain. Lontok, on the other hand, contends that the pardon reaches the offense for which he was convicted and blots it out so that he may not be looked upon as guilty of it.
The Attorney General, however, seeks to have Lontok disbarred because he has convicted of a crime involving moral turpitude. He contends that while the pardon removes the legal infamy of the crime, it cannot wash out the moral stain. Lontok, on the other hand, contends that the pardon reaches the offense for which he was convicted and blots it out so that he may not be looked upon as guilty of it.
Issue:
May Lontok be disbarred after being granted pardon?
Held:
No. "A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is an innocent as if he had never committed the offense. If granted before conviction, it prevents any of the penalties and disabilities, consequent upon conviction, from attaching; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.
There is only this limitation to its operation; it does not restore offices forfeited, or property or interest vested in others in consequence of the conviction and judgement." (Ex parte Garland [1866], 4 Wall., 380)
Petition of the Attorney-General denied. However, if Marcelino Lontok should again be guilty of any misconduct, the condition of his pardon would be violated, and he would then become subject to disbarment. (In Re: Lontok, April 7, 1922, 43 Phil 293)
No. "A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is an innocent as if he had never committed the offense. If granted before conviction, it prevents any of the penalties and disabilities, consequent upon conviction, from attaching; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.
There is only this limitation to its operation; it does not restore offices forfeited, or property or interest vested in others in consequence of the conviction and judgement." (Ex parte Garland [1866], 4 Wall., 380)
Petition of the Attorney-General denied. However, if Marcelino Lontok should again be guilty of any misconduct, the condition of his pardon would be violated, and he would then become subject to disbarment. (In Re: Lontok, April 7, 1922, 43 Phil 293)
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