Thursday, March 13, 2014

about the power of the president to grant executive clemency on administrative convictions

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."


G.R. No. 99031 October 15, 1991
RODOLFO D. LLAMAS, petitioner,
vs.
EXECUTIVE SECRETARY OSCAR ORBOS and MARIANO UN OCAMPO III, respondents.


THIRD DIVISION [ G.R. No. 235658, June 22, 2020 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED-APPELLANT.

  THIRD DIVISION [ G.R. No. 235658, June 22,  2020  ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED...