EFFECT OF EXECUTIVE PARDON

IN RE LONTOKApril 7, 1922Malcolm, J.:

FACTS: On February 27, 1918, Atty. Lontok was convicted of the crime of bigamy by CFI Zambales. Supreme Court affirmed the lower court’s decision as well making it final and executory. On 1922, Atty. Lontok was granted by the Governor General an executive pardon. Now, Atty. General seeks the disbarment of Marcelino Lontok because of having been convicted of the crime of bigamy despite the pardon given to him.

ISSUE: W/N the effect of pardon may prevent Lontok from disbarment.

HELD: YES. It is contended by the government that while the pardon removes the legal infamy of the crime, it cannot wash out the moral stain; on the other hand it is contended by the respondent that the pardon reaches the offenses for which he was convicted and blots it out so that he may not be looked upon as guilty of it.

SC followed the ruling in the case of Ex Parte Garland (1866) wherein the SC held that: “A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt; so that in the eye of the law, the offender is innocent as if he had never committed the offense. If granted before conviction, it prevents any of the penalties and disabilities, consequent upon conviction from attaching; if granted after conviction, it removes the penalties and disabilities, and restore him to all his civil rights; it makes him as it were, a new man, and gives him a new credit and capacity.

Atty. General’s petition is denied.