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  • Llamas V Orbos Digest

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    nikkolad
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    Rodolfo Llamas filed an administrative case against Governor Ocampo III of Tarlac Province for alleged graft and corruption. Ocampo III was found guilty and suspended from office for 90 days, allowing Llamas to assume the governor position. However, within 30 days Ocampo III returned with a presidential pardon, allowing him to resume his position without completing his suspension. The Supreme Court ruled that presidential pardons can be applied to administrative cases in the same way they are applied to criminal cases.

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    llamas v orbos digest

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    Llamas v Orbos Digest

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    Rodolfo Llamas filed an administrative case against Governor Ocampo III of Tarlac Province for alleged graft and corruption. Ocampo III was found guilty and suspended from office for 90 days, allowing Llamas to assume the governor position. However, within 30 days Ocampo III returned with a presidential pardon, allowing him to resume his position without completing his suspension. The Supreme Court ruled that presidential pardons can be applied to administrative cases in the same way they are applied to criminal cases.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    125 visualizações1 página

    Llamas V Orbos Digest

    Enviado por

    nikkolad
    Rodolfo Llamas filed an administrative case against Governor Ocampo III of Tarlac Province for alleged graft and corruption. Ocampo III was found guilty and suspended from office for 90 days, allowing Llamas to assume the governor position. However, within 30 days Ocampo III returned with a presidential pardon, allowing him to resume his position without completing his suspension. The Supreme Court ruled that presidential pardons can be applied to administrative cases in the same way they are applied to criminal cases.

    Direitos autorais:

    Attribution Non-Commercial (BY-NC)
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    Rodolfo Llamas vs Exec Sec Orbos & Mariano Ocampo III

    on July 12, 2011

    Pardon Applicable to Administrative Cases


    Ocampo III was the governor of Tarlac Province. Llamas together with some other complainants filed an administrative case against Ocampo III for alleged acts constituting graft and corruption. Ocampo III was found guilty. He was suspended for office for 90 days hence his vice governor, Llamas, assumed office. In not less than 30 days however, Ocampo III returned with an AO showing that he was pardoned hence he can resume office without completing the 90 day suspension imposed upon him. ISSUE: Whether or not pardon is applicable to administrative cases. HELD: The SC held that pardon is applicable to Administrative cases. The SC does not clearly see any valid and convincing reason why the President cannot grant executive clemency in administrative cases. It is a considered view that if the President can grant reprieves, commutations and pardons, and remit fines and forfeitures in criminal cases, with much more reason can she grant executive clemency in administrative cases, which are clearly less serious than criminal offenses.

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