A public office is a public trust and therefore rules
governing election and administration are strict in nature as to prevent fraud
and malpractice in the government. A pardoned offender of a grave offense is
burdened with the proof not to commit any overt acts or to violate any penal
laws as to maintain the affectivity of the pardon. Joseph Estrada was convicted
for the crime of plunder and sentenced with reclusion
perpetua.
In
relation to the crime committed, one may be prohibited from running to a public
position after the final judgment. The effects of pardon as to eligibility to
run for a public office is provided in Article 36 of the revised penal code
while the power of clemency of the President is provided in Article IV Section
XIX 1987 Constitution.
A
pardon may be a conditional pardon or an absolute pardon; both kinds have
different effects. The sole issue to be solved in the case of Estrada’s
disqualification is whether the pardon he received is a conditional or an
absolute one. Upon lifting the case to the Court upon petition for review, the
high court ruled that Estrada should not be disqualified from his office on the
ground that the pardon granted to him by former president Gloria
Macapagal-Arroyo is an absolute pardon therefore he is not barred by any
condition like to run for a public office.
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