PARDON

What is pardon?

 It is a form of executive clemency granted by the president of the Philippines as a privilege to

a convict as a discretionary actor grace
 A pardon is the remission of a penalty. It is an act of grace or forgiveness that relieves the
person pardoned from some or all of the ramifications of lawful punishment.
 Neither the legislative nor the judiciary branch of the government has the power to set
conditions or establish procedure for the exercise of this presidential prerogative.
 When a pardon is granted, the convicted offender is forgiven the crime and its penalty.

ABOUT PARDON
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its penalty.
6. It is vested to the chief executive.
7. It is the private act but official act of the president.
8. It is not communicate officially to the court.
9. It is a deed, to the validity of which delivery is essential and delivery is not complete without acceptance.
10. Neither the legislative nor the judiciary branch of the government has the power to set conditions or
establish procedures for the exercise of the presidential prerogative.
TWO TYPES OF PARDON

1. ABSOLUTE PARDON
- It refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition
whatsoever and restores to the individual his civil rights and remits the penalty imposed for the particular offense of which
he was convicted.
PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation .
-Absolute pardon is granted in order to restore full political and civil rights to convicted persons who
have already served their sentenced and have reached the prescribed period of the grant of absolute
pardon.
MINIMUM REQUIREMENTS a prisoner must meet before petitions for absolute pardon.
-after he has served his maximum sentence or granted final release and discharge or court
termination of probation. However, the board may consider a petition for absolute pardon
even before the granted of final release and discharge under the provision of section 6 of
Act No.4103, as amended, as when the petitioner;
1. Is seeking an appointive/elective public position or reinstatement in the government
service.
2. needs medical treatment abroad which is not available locally.
3. will take any government examination
4. is emigrating
2. CONDITIONAL PARDON
- It refers to the exemption of an individual, with in certain limits or condition, from punishment that the
law inflicts for the offenses he has committed resulting in the partial extinction of his criminal liability.
- the prisoner shall have served at least one half ½ of the minimum of his original indeterminate and/and
or definite sentence.
LIMITATION OF THE PARDONING POWER OF THE PRESIDENT
a. It may not be exercised for offenses in impeachment cases
b. It may be exercised only after conviction by final judgment except amnesty
c. It may not be exercised over legislative or civil contempt {as for refusing to answer a proper question as a
witness in a case
d. In case of violation of election law or rules and regulation without favorable recommendations of the COMELEC
e. It cannot be exercised to violation of tax
f. It cannot absolve convict of civil liability
g. It cannot restore public offices forfeited.
NOTE: The limitation provided under the constitution are;
1. No pardon may be granted in impeachment cases
2. No pardon may be granted when otherwise provided under the constitution specially sec.5 Article IX-C
3. It may only be granted after conviction by final judgment.
WHAT IS THE EFFECT OF PARDON ?
-while a pardon has generally been regarded as blotting out the existence of guilt so that in the eye of the law
the offender is as innocent as though he never committed the offense, it does not operate for all purposes.
The very essence of a pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the
fact of the commission of the crime and the conviction. It does not wash out the moral stain. It involves
forgiveness and not gratefulness.
WHAT IS THE CONSTITUTIONAL BASIS OF PARDON ?
- The power to pardon, which is a form of executive clemency, is given to the president
under section 19, Article VII of the constitution.
- He shall also have the power to grant amnesty with the concurrence of a majority of
all members of the congress.
HOW IS PARDON DIFFERENT FROM PROBATION?

- Probation and pardon are not the same. Probation is a disposition under which a
defendant, after conviction and sentence, is released subject to condition imposed by
the court and to the supervision of a probation officer.
THANKYOU FOR LISTENING🙈 😁
1. What is the legal definition of a pardon? A) Erasure of all past crimes b) Reduction
of a sentence c) Forgiveness or remission of guilt d) Immunity from future offenses
2. Who has the authority to grant a pardon in many legal systems? A) The Chief
Justice b) The President or Governor c) The Attorney General d) The Supreme Court
3. In what way does a pardon affect the criminal record of an individual? A)
Completely erases the criminal record b) Seals the criminal record from public access
c) Removes certain convictions from the record d) Does not erase the criminal record
4. What is the purpose of a pardon? A) To absolve all legal responsibilities b) To
provide a second chance to the convicted individual c) To exempt the individual from
future investigations d) To erase all past criminal activities
5. Can a pardon be granted before a conviction is made? a) Yes, in exceptional cases b) No, a
pardon can only be granted after a conviction c) It depends on the severity of the crime d)
Only if requested by the convicted individual 6. What is the significance of a pardon in terms
of legal liability? A) It removes all legal liabilities b) It reduces the legal liabilities of the
individual c) It does not affect legal liabilities in civil cases d) It transfers legal liabilities to
the government
7. How does a pardon differ from an amnesty? a) Pardon is granted by the court, while amnesty is granted by the president b)
Pardon applies to specific individuals, while amnesty applies to a group c) Pardon erases the offense, while amnesty forgets
the offense d) Pardon is temporary, while amnesty is permanent 8. Can a pardon be revoked once it is granted? A) Yes, under
certain circumstances b) No, a pardon is irrevocable c) Only if new evidence emerges d) Only with the approval of the convict
9. What is the process for requesting a pardon in many legal systems? A) The
convict must submit a formal apology b) The convict’s attorney must file a
petition c) The convict must appeal to the Supreme Court d) The convict must
apply to the executive branch 10. How does a pardon impact the rights of the
convicted individual? A) It restores all rights and privileges b) It permanently
restricts certain rights c) It has no effect on the individual’s rights d) It grants
additional rights to the individual