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Unformatted text preview: and to achieve lasting peace in Mindanao, then she must be given the leeway to explore, in the course of peace negotiations, solutions that may require changes to the Constitution for their implementation. So long as the President limits herself to recommending these changes and submits to the proper procedure for constitutional amendment and revision, her mere recommendation need not be construed as unconstitutional act. Given the limited nature of the President’s authority to propose constitutional amendments, she cannot guarantee to any third party that the required amendments will eventually be put in place, nor even be submitted to a plebiscite. The most she could do is submit these proposals as recommendations either to Congress or the people, in whom constituent powers are vested. (Province of North Cotabato v. Gov’t of the Republic of the Philippines Peace panel on Ancestral Domain, G.R. No. 183591, Oct.14, 2008) f. PARDONING POWER Q: What is the purpose of executive clemency? Can it be delegated? A: Executive clemency is granted for the purpose of relieving the harshness of the law or correcting mistakes in the administration of justice. The power of executive clemency is a non‐delegable power and must be exercised by the President personally. Note: Clemency is not a function of the judiciary; it is an executive function. The grant is discretionary, and may not be controlled by the legislature or reversed by the court, save only when it contravenes its limitations. The power to grant clemency includes cases involving administrative penalties. In granting the power of executive clemency upon the President, Sec. 19, Art. VII of the Constitution does not distinguish between criminal and administrative cases. If the President can grant pardons in criminal cases, with more reason he can grant executive clemency in administrative cases, which are less serious. (Llamas v. Orbos, G.R. No. 99031, Oct. 15, 1991) Q: What is the scope of the President’s pardoning power? (Forms of executive clemency) A: The President may grant the following: [ Pa...
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This document was uploaded on 03/12/2014.

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