Political Law

Florencio Pelobello vs Gregorio Palatino

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G.R. No. 48100 – 72 Phil. 4 – Political Law – Powers of the President – Absolute Pardon

Gregorio Palatino was the mayor elect of Torrijos, Marinduque. Florencio Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold office because he was already convicted before and was even imprisoned. Because of such conviction and imprisonment, Pelobello averred that Palatino is already barred from voting and being voted upon. Palatino also invoked par (a), sec 94 of the Election Code which supports his contention.

ISSUE: Whether or not Palatino is eligible for public office.

HELD: Yes, Palatino was granted a conditional pardon by the then Gov-Gen but such pardon was converted into an absolute pardon by President Quezon who succeeded the Gov-Gen. The pardon was already after Palatino’s election but prior to him assuming office. The SC then held that since there is an absolute pardon, all the former disabilities imposed and attached to the prior conviction had been removed and that Palatino is therefore eligible for the public office in question.

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