G.R. No. 48154 , December 3, 1941
JUAN G. MIJARES, petitioner-appellee, vs. CIRIACO CUSTORIO, respondent-appellant.

FACTS

In the general elections held on December 10, 1940, both Ciriaco Custorio and Juan G. Mijares were registered candidates for mayor of Catarman, Samar. Custorio was proclaimed elected by the municipal board of canvassers. Mijares contested the election, arguing that Custorio was disqualified from voting and therefore ineligible for office under Section 94, paragraph (b) of the Election Code, which disqualifies any person declared by final judgment guilty of a crime against property. It was undisputed that Custorio had been convicted of a crime against property prior to the election. However, on November 29, 1940, he was granted an absolute and unconditional pardon by the President of the Philippines, restoring his civil and political rights. The trial court ruled in favor of Mijares, declaring Custorio ineligible and ordering his ouster.

ISSUE

Whether the absolute pardon granted to Custorio removed his disqualification from voting and holding office.

RULING

The Supreme Court reversed the trial court’s judgment. Applying the doctrine established in Cristobal vs. Labrador and Pelobello vs. Palatino, the Court held that an absolute pardon not only blots out the crime but also removes all disabilities resulting from the conviction. Therefore, the pardon granted to Custorio effectively removed his disqualification, making his election valid. The Court also rejected Mijares’s contention that the pardon was ineffective due to lack of delivery and acceptance, stating that the appellee had no right to raise such an issue, which concerned only the pardoning authority and the recipient, and that delivery and acceptance were sufficiently proved by the stipulated facts. The election of Custorio was sustained, and no costs were awarded.