Risos-Vidal v.
COMELEC been effectively restored by the pardon vested upon him by
Jan 21, 2015, Leonardo-De Castro J.
FACTS:
In September 12, 2007, the Sandiganbayan convicted former
President Estrada for the crime of plunder and was sentenced
to suffer the penalty of Reclusion Perpetua and the accessory
penalties of civil interdiction during the period of sentence
and perpetual absolute disqualification. On October 25, 2007,
however, former President Gloria Macapagal Arroyo extended
executive clemency, by way of pardon, to former President
Estrada, explicitly stating that he is restored to his civil and
political rights.
In 2009, Estrada filed a Certificate of Candidacy for the
position of President. None of the disqualification cases
against him prospered but he only placed second in the
results.
In 2012, Estrada once more ventured into the political arena,
and filed a Certificate of Candidacy, this time vying for a local
elective post, that of the Mayor of the City of Manila.
Petitioner Risos-Vidal filed a Petition for Disqualification
against Estrada before the Comelec stating that Estrada is
disqualified to run for public office because of his conviction
for plunder sentencing him to suffer the penalty of reclusion
perpetua with perpetual absolute disqualification. Petitioner
relied on Section 40 of the Local Government Code (LGC), in
relation to Section 12 of the Omnibus Election Code (OEC).
The Comelec dismissed the petition for disqualification
holding that President Estrada’s right to seek public office has
former President Gloria M. Arroyo.
Estrada won the mayoralty race in May 13, 2013 elections.
Alfredo Lim, who garnered the second highest votes,
intervened and sought to disqualify Estrada for the same
ground as the contention of Risos-Vidal and praying that he be
proclaimed as Mayor of Manila.
ISSUE:
May former President Joseph Estrada run for public office
despite having been convicted of the crime of plunder which
carried an accessory penalty of perpetual disqualification to
hold public office? YES
HELD:
Estrada was granted an absolute pardon that fully restored all
his civil and political rights, which naturally includes the right
to seek public elective office, the focal point of this
controversy. The wording of the pardon extended to former
President Estrada is complete, unambiguous, and unqualified.
It is likewise unfettered by Articles 36 and 41 of the Revised
Penal Code. The only reasonable, objective, and constitutional
interpretation of the language of the pardon is that the same in
fact conforms to Articles 36 and 41 of the Revised Penal Code.
It is insisted that, since a textual examination of the pardon
given to and accepted by former President Estrada does not
actually specify which political right is restored, it could be
inferred that former President Arroyo did not deliberately
intend to restore former President Estrada’s rights of suffrage
and to hold public office, orto otherwise remit the penalty of
perpetual absolute disqualification. Even if her intention was
the contrary, the same cannot be upheld based on the pardon’s
text.
The pardoning power of the President cannot be limited
by legislative action.
The 1987 Constitution, specifically Section 19 of Article VII
and Section 5 of Article IX-C, provides that the President of the
Philippines possesses the power to grant pardons, along with
other acts of executive clemency, to wit:
Section 19. Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures,
after conviction by final judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Congress.
xxxx
Section 5. No pardon, amnesty, parole, or suspension of sentence
for violation of election laws, rules, and regulations shall be
granted by the President without the favorable recommendation
of the Commission.
It is apparent from the foregoing constitutional provisions that
the only instances in which the President may not extend
pardon remain to be in: (1) impeachment cases; (2) cases that
have not yet resulted in a final conviction; and (3) cases
involving violations of election laws, rules and regulations in
which there was no favorable recommendation coming from
the COMELEC. Therefore, it can be argued that any act of
Congress by way of statute cannot operate to delimit the
pardoning power of the President.
The proper interpretation of Articles 36 and 41 of the
Revised Penal Code.
A close scrutiny of the text of the pardon extended to former
President Estrada shows that both the principal penalty of
reclusion perpetua and its accessory penalties are included in
the pardon. The sentence which states that “(h)e is hereby
restored to his civil and political rights,” expressly remitted
the accessory penalties that attached to the principal penalty
of reclusion perpetua. Hence, even if we apply Articles 36 and
41 of the Revised Penal Code, it is indubitable from the text of
the pardon that the accessory penalties of civil interdiction
and perpetual absolute disqualification were expressly
remitted together with the principal penalty of reclusion
perpetua.
The disqualification of former President Estrada under
Section 40 of the LGC in relation to Section 12 of the OEC
was removed by his acceptance of the absolute pardon
granted to him
While it may be apparent that the proscription in Section
40(a) of the LGC is worded in absolute terms, Section 12 of the
OEC provides a legal escape from the prohibition – a plenary
pardon or amnesty. In other words, the latter provision allows
any person who has been granted plenary pardon or amnesty
after conviction by final judgment of an offense involving
moral turpitude, inter alia, to run for and hold any public
office, whether local or national position.
The third preambular clause of the pardon did not If former President Arroyo intended for the pardon to be
operate to make the pardon conditional. conditional on Respondent’s promise never to seek a public
office again, the former ought to have explicitly stated the
Contrary to Risos-Vidal’s declaration, the third preambular same in the text of the pardon itself. Since former President
clause of the pardon, i.e., "[w]hereas, Joseph Ejercito Estrada Arroyo did not make this an integral part of the decree of
has publicly committed to no longer seek any elective position pardon, the Commission is constrained to rule that the 3rd
or office," neither makes the pardon conditional, nor militate preambular clause cannot be interpreted as a condition to the
against the conclusion that former President Estrada’s rights pardon extended to former President Estrada.
to suffrage and to seek public elective office have been
restored.

This is especially true as the pardon itself does not explicitly

impose a condition or limitation, considering the unqualified
use of the term "civil and political rights"as being restored.
Jurisprudence educates that a preamble is not an essential
part of an act as it is an introductory or preparatory clause
that explains the reasons for the enactment, usually
introduced by the word "whereas." Whereas clauses do not
form part of a statute because, strictly speaking, they are not
part of the operative language of the statute. In this case, the
whereas clause at issue is not an integral part of the decree of
the pardon, and therefore, does not by itself alone operate to
make the pardon conditional or to make its effectivity
contingent upon the fulfilment of the aforementioned
commitment nor to limit the scope of the pardon.

Besides, a preamble is really not an integral part of a law. It is

merely an introduction to show its intent or purposes. It
cannot be the origin of rights and obligations. Where the
meaning of a statute is clear and unambiguous, the preamble
can neither expand nor restrict its operation much less prevail
over its text.