Question IV-A, Political Law, 2017 Bar Exam

What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution?

Is the exercise of the power absolute? (4%)

Suggested Answer:

1) Under the Constitution, except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

2) The exercise of such power is absolute in the sense that the pardoning power of the President cannot be limited by legislative action: Provided, that the exercise thereof is consistent with the 1987 Constitution.

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