Title
Lacuna vs. Abes
Case
G.R. No. L-28613
Decision Date
Aug 27, 1968
Ambrocio Lacuna challenged Benjamin Abes' mayoral eligibility due to a prior conviction. The Supreme Court ruled that Abes' absolute pardon retroactively restored his political rights, validating his election victory.

Case Summary (G.R. No. L-28613)

Applicable Law

Legal provisions relevant to this case include the Revised Penal Code, which outlines disqualifications resulting from a criminal conviction, and the Revised Administrative Code, which delineates voter eligibility requirements. The Supreme Court evaluates the intersection of these laws regarding the impact of a presidential pardon on Abes's eligibility.

Background of the Case

After being convicted and serving part of his sentence, Abes applied for voter registration but was denied. He nonetheless filed a certificate of candidacy for the mayor’s office and was subsequently elected. Lacuna, finishing second in the election, filed a petition for quo warranto against Abes, arguing that Abes was ineligible to run for mayor because he was not a qualified voter at the time of the election, citing the disqualifications from his previous conviction.

Arguments of the Parties

Lacuna contends that Abes's conviction prohibited him from being a qualified voter during the election, maintaining that the presidential pardon did not retroactively restore his disqualifications. Conversely, Abes argues that he was otherwise qualified despite his non-registration and that the pardon effectively erased the disqualifications stemming from his conviction, enabling him to hold public office.

Court's Findings on Disqualifications

The lower court recognized that while Abes faced a temporary absolute disqualification during the term of his sentence, the perpetual special disqualification from suffrage remained in effect beyond the expiration of his prison term. Therefore, at the time of the election, Abes was indeed disqualified from voting or holding public office. However, the pivotal legal question arose regarding whether the presidential pardon rectified his disqualifications, particularly those that were perpetual in nature.

Effect of Presidential Pardon

The court examined the implications of the absolute pardon issued to Abes. Citing previous rulings, the court underscored the constitutional prerogative of the President to grant pardons, which historically have been interpreted to eliminate the consequences of conviction, including disqualifications for public office. Emphasizing a broader interpretation, the court held that the timing of Abes's par

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