17. Pelobello VS. Palatino Facts: Palatino was the mayor elect of Torrijos, Marinduque.

Pelobello filed a quo warranto proceeding alleging that Palatino is no longer qualified to hold office because he was already convicted before and was even imprisoned. Because of such conviction and imprisonment, Peleobello averred that Palatino is already barred from voting and being voted upon. Palatino also invoked par (a), sec 94 of the Election Code which supports his contention. ISSUE: Whether or not Palatino is eligible for public office.

was released from confinement on 7 April 1959 by virtue of a conditional pardon granted by the President of the Philippines, remitting only the unexpired portion of the prison term and fine. Abes applied as voter in Penaranda but he was denied by the Election Registration Board, however, he was able to run and even win the mayoral elections Lacuna filed a quo warranto petition against Abes. On 7 December 1967, on the same day when hearing was held on the application for preliminary injunction, the President of the Philippines granted to the respondent, Benjamin Abes, an absolute and unconditional pardon and restored to him "full civil and political rights". The lower court favored Abes, hence the petition. Issue: Whether or not Abes is eligible to be the mayor

HELD: Yes, Palatino was granted a conditional pardon by the then GovGen but such pardon was converted into an absolute pardon by President Quezon who succeeded the Gov-Gen. The pardon was already after Palatinos election but prior to him assuming office. The SC then held that since there is an absolute pardon, all the former disabilities imposed and attached to the prior conviction had been removed and that Palatino is therefore eligible for the public office in question. Held: Case was favored to Abes. The purpose of granting Abes an absolute pardon was to remove his disqualification and let him assume office. Moreover, registration as a voter is not a qualification for a candidate or a voter, within the meaning of "qualified voter" in Section 2174 of the Revised Administrative Code; it is merely a step towards voting (Rocha vs. Cordis, 103 Phil. 327). Moreover, the non-registration of Abes as voter was predicated upon the same disqualifying effects of his previous conviction that were blotted out by the plenary pardon. 18. Lacuna VS. Abes Facts: The eligibility of Abes, the mayor-elect of Pearanda, Nueva Ecija, was challenged on the grounds that he was he had been convicted of the crime of counterfeiting treasury warrants and sentenced to an indeterminate penalty of six (6) years and one (1) day to eight (8) years, eight (8) months, and (1) day of prision mayor, and to pay a fine of five thousand pesos (P5,000.00). After he had partially served his sentence, he