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Tan tong v deportation board gr no l7680 april 301955

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Unformatted text preview: R C Re A ] 1. Pardons (conditional or plenary) 2. Reprieves 3. Commutations 4. Remission of fines and forfeitures 5. Amnesty Note: The first 4 require conviction by final judgment while amnesty does not. Q: Are there limitations to the President’s pardoning power? A: Yes. It: ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 53 UST GOLDEN NOTES 2011 1. Cannot be granted in cases of impeachment. 2. Cannot be granted for violations of election laws without favorable recommendations of the COMELEC. 3. Can be granted only after convictions by final judgment (except amnesty). 4. Cannot be granted in cases of civil or legislative contempt. 5. Cannot absolve convict of civil liability. 6. Cannot restore public offices forfeited. Q: What is pardon? What are its legal effects? A: Pardon is an act of grace which exempts individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. As a consequence, pardon granted after conviction frees the individual from all the penalties and legal disabilities and restores him to all his civil rights. But unless expressly grounded on the person’s innocence (which is rare), it cannot bring back lost reputation for honesty, integrity and fair dealing. (Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989) Note: Because pardon is an act of grace, no legal power can compel the President to give it. Congress has no authority to limit the effects of the President’s pardon, or to exclude from its scope any class of offenders. Courts may not inquire into the wisdom or reasonableness of any pardon granted by the President. Q: What are the kinds of pardon? What makes them different from each other? A: 1. 2. 3. 4. Absolute pardon ‐ one e...
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