Mijares v. Custorio
REITERATIONFacts
The Antecedents: In the general elections of December 10, 1940, Juan G. Mijares and Ciriaco Custorio were candidates for Mayor of Catarman, Samar. Custorio was proclaimed the winner. Procedural History: Mijares contested Custorio's election, alleging that Custorio was disqualified from voting and holding office under Section 94, paragraph (b), of the Election Code, which disqualifies individuals convicted of crimes against property. Custorio had a prior conviction for such a crime. However, prior to the election, on November 29, 1940, Custorio was granted an absolute and unconditional pardon by the President of the Philippines, restoring his civil and political rights. The Petition: The parties stipulated the facts, and the court below ruled that Custorio was ineligible and ordered his ouster. Mijares appealed this decision.
Issue(s)
Whether an absolute and unconditional pardon granted by the President of the Philippines removes the disqualification of a candidate convicted of a crime against property. Whether the appellee has the right to question the delivery and acceptance of the pardon.
Ruling
The judgment of the court below is reversed. Custorio's election as Mayor is sustained.
Ratio Decidendi
On the issue of whether an absolute and unconditional pardon removes disqualification: The Court held that an absolute and unconditional pardon not only blots out the crime committed but also removes all disabilities resulting from the conviction. This principle was established in Cristobal vs. Labrador and applied in Pelobello vs. Palatino. Therefore, the pardon granted to Custorio effectively removed his disqualification, making him eligible for the office of Mayor. The Court concluded that his election must be sustained based on the authority of these prior cases. On the issue of whether the appellee has the right to question the delivery and acceptance of the pardon: The Court found no merit in the appellee's contention. Firstly, the appellee had no right to raise this question as it concerned only the pardoning authority and the recipient of the executive clemency. Secondly, based on the stipulated facts, the delivery and acceptance of the pardon were sufficiently proven.
Main Doctrine
An absolute and unconditional pardon granted by the President of the Philippines restores the recipient to his civil and political rights, thereby removing disqualifications resulting from a prior conviction.