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Answers to Phil Bar Exams 1987-2006 Political Law

Answers to Phil Bar Exams 1987-2006 Political Law

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Published by: Hanna Mapandi on Mar 14, 2010
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12/10/2012

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No. 15; Governor A was charged
administratively with oppression and was
placed under preventive suspension from office
during the pendency of his case. Found guilty of
the charge, the President suspended him from
office for ninety days. Later, the President
granted him clemency by reducing the period of
his suspension to the period he has already
served. The Vice Governor questioned the
validity of the exercise of executive clemency
on the ground that it could be granted only in
criminal, not administrative, cases.
How should the question be resolved?

SUGGESTED ANSWER:

The argument of the Vice Governor should be
rejected. As held in Llamas vs. Orbos, 202
SCRA 844. the power of executive clemency
extends to administrative cases. In granting the
power of executive clemency upon the
President, Section 19, Article VII of the
Constitution does not distinguish between
criminal and administrative cases. Section 19,
Article VII of the Constitution excludes
impeachment cases, which are not criminal
cases, from the scope of the power of executive
clemency. If this power may be exercised only

in criminal cases, it would have been
unnecessary to exclude impeachment cases
from this scope. If the President can grant
pardons in criminal cases, with more reason he
can grant executive clemency in administrative
cases, which are less serious.

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