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ELECTION
OFFENSES
BAR QUESTION
No. XVII 2010 Bar Examination
Grant of Pardon to Election Offenses
During his campaign sortie in Barangay Salamanca, Mayor
Galicia was arrested at a PNP checkpoint for carrying
high-powered firearms in his car. He was charged and
convicted for violation of the COMELEC gun ban. He did
not appeal his conviction and instead applied for
executive
clemency.
Acting
on
the
favorable
recommendation of the Board of Pardons and Parole,
the President granted him pardon. Is he eligible to run
against for an elective position?. Explain Briefly. (5%)
SUGGESTED ANSWER:
Mayor Galicia can run again for an elective office but not
immediately. Under Section 40 of the Local Government
Code, he cannot run for an elective office within two (2)
years after serving sentence. Under Section 12 of the
Omnibus Election Code, he can run for an elective national
office after the expiration of five (5) years from his service
of sentence. The pardon granted to him is invalid. The
offense involved a violation of the Omnibus Election Code
and the pardon was granted without the favorable
recommendation of the Commission on Elections. (Section 5,
Article IX-C of the Constitution).
ALTERNATIVE ANSWER:
No. Galicia is not eligible to run for an
elective position because the executive
clemency is not valid and effective because
it was granted with constitutional infirmity.
The Constitution requires recommendation
from the COMELEC before the President
may grant executive clemency for offenses
violating election laws.
THE END