G.R. No. 206666 – 751 Phil. 479 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Absolute Pardon – Restoration of Civil and Political Rights
In September 2007, Joseph Estrada was convicted of Plunder. In October 2007, Pres. Gloria Macapagal-Arroyo granted Estrada absolute pardon. The pardon was accepted by Estrada.
In 2010, Estrada ran for president but he lost. In 2012, he filed his COC for mayor of Manila for the upcoming 2013 elections.
In January 2013, Atty. Alicia Risos-Vidal filed a petition for the disqualification of Estrada as a mayoralty candidate on the grounds that Sec. 40 of the Local Government Code as well as Sec. 12 of the Omnibus Election Code prohibit those convicted of crimes involving moral turpitude from running for an elective office.
The COMELEC denied Atty. Risos-Vidal’s petition.
ISSUE: Whether or not former president Estrada may run for mayor of Manila.
HELD: Yes. The absolute pardon granted to him by PGMA restored all his civil and political rights.
But the preamble of the text of the absolute pardon states ” WHEREAS, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or office,” is this not a condition imposed on Estrada for the grant of the pardon?
No. A preamble is not part of a contract. It does give rise to any right or obligation. The preamble did not make the pardon conditional. There is no explicit condition imposed on Estrada by PGMA not to run for public office in exchange of the pardon. The whereas clause at issue is not an integral part of the decree of the pardon, and therefore, does not by itself alone operate to make the pardon conditional or to make its effectivity contingent upon the fulfilment of the aforementioned commitment nor to limit the scope of the pardon.
