June 20, 1941 | G.R. No. L-48100
Florencio Pelobello, petitioner-appellant
Gregorio Palatino, respondent-appellee
FACTS:
Gregorio Palatino was convicted of atendado contra la autoridad y sus agentes in 1912 and was sentenced to imprisonment for two years, four months, and one day of prision correccional. In 1915, he was granted conditional pardon by the Governor-General.
Thereafter he exercised his right of suffrage, getting elected as councilor of Torrijos, Marinduque from 1918 to 1921, municipal president of the same municipality for three successive terms from 1922 to 1931, and finally as mayor in December 1940.
After having been elected as mayor but before assuming such post, Pelobello was granted absolute pardon by the President of the Philippines, restoring the former's enjoyment of his full civil and
political rights.
Quo warranto proceedings were instituted by Florencio Pelobello, who claimed that having been convicted of a prior offense, Palatino did not have the right to vote and be voted upon, and that such disqualification had not been removed by the plenary pardon. This contention was pursuant to Section 167, in relation with Section 94 (a) of the Omnibus Election Code (CA No. 357).
ISSUE:
Whether or not Palatino is disqualified from voting and being voted upon.
HELD:
No, the Court held that the President's pardoning power cannot be restricted or controlled by legislative action. An absolute pardon not only blots out the crime committed but removes all disabilities resulting from the conviction. The Court also held that when absolute pardon is granted after the term of imprisonment has expired, it effectively removes all that is left of the consequences of such conviction.