Interpretation of Words and Phrases:

EXCEPTION

Vico, Nizzane P.
11/9/2018
 This is an appeal by the plaintiff in a quo warranto
proceeding instituted in the Court of First Instance of Iloilo.
The petitioner sought to have the defendant, who had been
elected as Municipal Mayor of Dumangas, Iloilo, in the
general election of November 13, 1951, declared ineligible to
that office by reason of a previous conviction for a criminal
offense.
 Julio Diasnes, was found guilty of estafa and sentenced to 1
year and 1 day imprisonment by the CFI Iloilo in 1932 and had
been released on September 25, 1933.
 He argued that he had been granted absolute pardon by the
Governor General sometime in 1934 which enables him the
beneficiary to exercise the right of suffrage.
 The court erred in not holding that pardon does not remove
the incapacity or disqualifications as a voter in matters of
convictions of crime against property
 Whether or not a person convicted of a crime
against property, who was granted absolute
pardon by the President, is entitled to vote.
 Section 99 of RA No. 180 as amended by RA No.
599:

The following persons shall not be qualified to vote:

(a) Any person who has been sentenced by final
judgment to suffer one year or more
imprisonment, such disability not having been
removed by plenary pardon.
(b) Any person who has been declared by final
judgment of any crime against property.
 Yes, the court affirmed the decision of the lower court.
 The law involved provides that a person shall not be qualified to
vote “who has been sentenced by final judgment to suffer one
year or more of imprisonment, such disability not having been
removed by plenary pardon”, or “ who has been declared by final
judgment guilty of any crime against property.
 The court ruled that, by the terms of first clause, two exceptions
are provided : (1) a person penalized by less than 1 year and (2) a
person granted an absolute pardon; and the second clause
creates an exception to the first, but not the second exception,
namely that a person convicted of a crime against property
cannot vote irrespective of the length of sentence meted out,
unless given absolute pardon by the President.
 Construing the two clauses together, the court said that “absolute
pardon for any crime for which 1 year of imprisonment or more was
meted out restores the prisoner to his political rights. When the
penalty is less than 1 year, disqualification does not attach, except
when the crime committed is one against property, in which case
the prisoner has to have a pardon.
 Law Exception Construction/Interpretation
a. Any person sentenced 1. Those penalized by less 1. Penalty less than 1
with final judgment to than 1 year year, disqualification
suffer 1 year or more 2. Those granted with does not attach
imprisonment, such absolute pardon who 2. Absolute pardon for
disability not having been suffer more than 1 year any crime with 1 year
removed by plenary imprisonment or more imprisonment
pardon. restores political rights.

b. Any person declared by 1. Granted with absolute 1. Crime committed

final judgment of any pardon against property,
crime against property. prisoner has to have a
pardon