ATTY. ALICIA RISOS-VIDAL, LIM v.

COMELEC, ERAP
GR NO.206666 | January 21, 2015 | J Leonardo-De Castro
Pardon

DOCTRINE:
Executive Pardon fully restores the civil and political rights of a person if such was expressly provided in the pardon
terms; however, the civil liability may not be extinguished even though the Pardon expressly provides for its
waiver/extinction.

FACTS:
 Estrada was convicted of Plunder which penalty is Reclusion Perpetua with accessory penalty of Perpetual
Absolute Disqualification
 Erap was then granted by President GMA Pardon which expressly provides that he is “restored of civil and
political rights”.
 Erap then filed COC in 2012 for Mayor. To that effect, Atty. Rosas Vidal filed a petition for disqualification.
 COMELEC 2nd division dismissed the petition for disqualification on the ground that the Pardon restored
Erap of the right to run for public office.
 Hence this petition for review by Rosas-Vidal stating among others:
> Pardon of Erap is conditioned upon the fact that he will not again run for office
> Pardon did not restore Erap of his civil and political rights because it did not mention which specific civil
or political rights are restored, particularly the right to run for Public Office

ISSUE:
Whether or not the general terms of Pardon restoring Erap of his civil and political rights is sufficient to that effect

HELD:
Yes, the Pardon of Erap expressly restored him of civil and political rights thus such terms must be followed.
Article 36 of the Revised Penal Code is very clear that there is no need for interpretation. The provision cites as a
general rule that Pardon shall not restore the civil and political rights of the party. By way of an exception the
provision added that Pardon would only restore such rights when its terms expressly provided. Nowhere in the
provision did it mention that specific averments of rights are necessary for the full restoration of the civil and
political rights.
In this case since Erap’s Pardon expressly provided for the restoration of his rights, he is not qualified to run for
office. Running for office under ICCPR are among the civil and political rights of a person.
Erap is therefore qualified to run.
PETITION DISMISSED.