Political Law

Rodolfo Llamas vs Executive Secretary Oscar Orbos & Mariano Ocampo III

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G.R. No. 99031 – 202 SCRA 844 – 279 Phil. 920 – Political Law – Constitutional Law – Powers of the President – Pardon – Applicable to Administrative Cases

Mariano Ocampo III was the governor of Tarlac Province. Rodolfo Llamas together with some other complainants filed an administrative case against Ocampo III for alleged acts constituting graft and corruption. Ocampo III was found guilty. He was suspended for office for 90 days hence his vice governor, Llamas, assumed office. In not less than 30 days however, Ocampo III returned with an Administrative Order showing that he was pardoned by the President hence he can resume office without completing the 90 day suspension imposed upon him. Llamas questioned the pardon.

ISSUE: Whether or not pardon is applicable to administrative cases.

HELD: Yes. The Supreme Court held that pardon is applicable to administrative cases. The SC does not clearly see any valid and convincing reason why the President cannot grant executive clemency in administrative cases. It is a considered view that if the President can grant reprieves, commutations and pardons, and remit fines and forfeitures in criminal cases, with much more reason can she grant executive clemency in administrative cases, which are clearly less serious than criminal offenses.

[EDIT: 23 August 2020]

ISSUE 2: May the president pardon judges who are found administratively liable?

HELD: No. The SC stated that this ruling only pertains to administrative cases in the executive branch and not those in the legislative branch or the judiciary.

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