Pido, a private contractor, was convicted of Plunder in conspiracy with certain government officials. He was sentenced by the Sandiganbayan to serve the penalty of reclusion perpetua. Years later, his childhood friend, Benjamin, was appointed as Secretary of Justice and was able to convince the President to grant Pido a presidential pardon. Both the judgment of conviction and the presidential pardon were silent as to accessory penalties. Now a free man, Pido decided to give back to the community by running for public office as Mayor of his hometown in Bulacan. The incumbent Mayor sought your advice if he can challenge the candidacy of Pido. On what ground/s can the incumbent Mayor challenge the candidacy of Pido? Discuss.
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The incumbent Mayor can challenge Pido's candidacy on the ground of disqualification to run for public office. Under Article 41 of the Revised Penal Code, reclusion perpetua carries the accessory penalty of perpetual absolute
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Quick check
On what ground can the incumbent Mayor challenge Pido candidacy for Mayor of his hometown?
Reclusion perpetua carries perpetual absolute disqualification, which persists unless expressly remitted by executive clemency.
Under Article 41 of the Revised Penal Code, what accessory penalty inherently accompanies reclusion perpetua?
Article 41 explicitly provides that the penalty of reclusion perpetua carries with it perpetual absolute disqualification.
Under Article 36 of the Revised Penal Code, when does a presidential pardon restore political rights to hold public office?
Article 36 provides that a pardon does not restore the right to hold public office unless expressly granted.
What is the legal effect of a presidential pardon that is silent regarding accessory penalties?
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Which legal right is deprived under Article 30 of the Revised Penal Code by perpetual absolute disqualification?
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1. Perpetual Absolute Disqualification
Under Article 41 of the Revised Penal Code, the principal penalty of reclusion perpetua carries with it the inherent accessory penalty of perpetual absolute disqualification. Under Article 30 of the Code, perpetual absolute disqualification deprives the offender of the right to vote or be voted upon, deprives him of public office, and perpetually bars him from holding any public employment or elective position, regardless of whether the accessory penalty is explicitly pronounced in the judgment of conviction.
2. Effect of Pardon
Under Article 36 and Article 41 of the Revised Penal Code, a presidential pardon restores the convict to liberty and remits the principal penalty, but it does not restore political rights or extinguish accessory penalties unless expressly stated. To restore the right to run for public office or hold public employment, the executive clemency must explicitly remit the accessory penalty of perpetual absolute disqualification or specifically state that political rights are restored to the pardoned individual.
3. Disqualification from Office
When a presidential pardon is silent regarding accessory penalties and political rights, the convict remains subject to perpetual absolute disqualification. Consequently, an incumbent Mayor or any interested party can validly challenge the candidacy of the pardoned individual before the Commission on Elections on the ground of statutory disqualification under election laws and Article 41 of the Revised Penal Code, as the individual lacks the legal eligibility to hold elective public office.