Does the president have the power to grant executive clemency in administrative convictions?
answer: yes, the SC rules in Llamas v. Orbos "
It is Our 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."
What are the limitations of the said power?
In the same case the SC said, " "We
wish to stress however that when we say the President can grant
executive clemency in administrative cases, We refer only to all
administrative cases in the Executive branch, not in the Judicial or
Legislative branches of the government."
IS THIS POWER SUBJECT TO JUDICIAL REVIEW?
"While
it is true that courts cannot inquire into the manner in which the
President's discretionary powers are exercised or into the wisdom for
its exercise, it is also a settled rule that when the issue involved
concerns the validity of such discretionary powers or whether said
powers are within the limits prescribed by the Constitution, We will not
decline to exercise our power of judicial review. And such review does
not constitute a modification or correction of the act of the President,
nor does it constitute interference with the functions of the
President."
RODOLFO D. LLAMAS, petitioner,
vs.
EXECUTIVE SECRETARY OSCAR ORBOS and MARIANO UN OCAMPO III, respondents.
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