CHAPTER Fourth Pillar - Correction In this stage, correction, rehabilitation and reorientation of those who judicially found guilty will takes place. Correction, defined Is that branch of the administration of criminal justice charged with the responsibility for the custody, supervision and rehabilitation of the convicted persons. Correction is in a view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of the unlawful activities without necessity of taking punitive action. Two (2) Approaches of Correction 1, Institutional Correction - rehabilitation or correctional programs take place inside correctional facilities or institutions such as national penitentiaries and jails. 2. Non-Institutional Correction — rehabilitation or correctional programs take place within the community. This is otherwise refers to as community-based correction. Is this approach the convict will not be placed in correctional facility or jail. ‘Chapter 5: Fourth Pillar - Correction 1.Laas A RA aw se. ay Agencies of the government charged with correctional responsibility 1, Bureau of Correction (BuCor) 2, Bureau of Jail Management and Penology (BJMP) 3. Board of Pardons and Parole (BPP) 4, Parole and Probation Administration (PPA) 5, Provincial and Sub-provincial Jails (Provincial Government) 6. Department of Social Welfare and Development First Approach: INSTITUTIONAL CORRECTION For centuries, jails and prisons were places to hold people before they were Punished for their crimes, rather than places of punishment for convicted offenders. People were locked up until they could be executed, pilloried, or subjected to other forms of barbaric suffering. Today, particularly in the Philippines, defendants are held in jails under the Bureau of Jail Management and Penology until judgment is rendered by the court, if bail is not available for them. After conviction, convicted person will remain in jail if the sentenced is three (3) years of imprisonment or below. Only when the sentence is more than three (3) years, the convicted person will be transferred from jail to correctional facility under the control of Bureau of Correction for the service of such sentence. The Bureau of Correction A bureau under the Department of Justice, task for the custody, security and rehabilitation of convicted person with i re than jain Pp penalty of imprisonment of mo Mandate: * Safekeeping - keep offenders off the streets * Reformation - ensure that released inmates are productive, health and less likely to be in conflict with the law vr Neo ‘* Restorative Justice - A philosophical framework and a series of programs for the criminal justice system that emphasizes the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and reparation Seven Correctional Facilities in the Philippines (under the BuCor) 1. New Bilibid Prison - Muntinlupa City 2. San Ramon Prison and penal Farm ~ Zamboanga Del Sur 3. Iwahig Prison and Penal Farm — Palawan 82 Introduction to Philippine Criminal Justice System _. Correctional Institution for Women — Mandaluyong City . Leyte Regional Prison — Abuyog Leyte . Sablayan Prison and Penal Farm ~Sablayan, Mindoro Occidental . Davao Prison and Penal Farm ~ Tagum, Davao del Norte Nous PROCEDURES OF ADMISSION IN CORRECTIONAL INSTITUTION Flow Chart SCONE mcr oc cacy (EMU enc Briefing and Orientation/ Assignment of Quarters | 1H 1, Receiving - The new prisoner is received at the RDC. The new prisoner usually comes from a provincial or city jail where he was immediately committed upon conviction by the court, and escorted by the platoon during his transfer to the national prison. 2. Checking of Commitment Papers - The receiving officer checks the commitment papers if they are in order. Thatis, if they contain the signature of the judge or the signature of the clerk of court, and the seal of the court. 3. Identification - The prisoner’s identify is established through the picture and fingerprint appearing in the commitment order. This is to ensure that the person being committed is the same as the person being named in the commitment order. Note: * COMMITMENT ORDER - A written order of the court or any competent authority consigning an offender to a jail or prison for confinement. Chapter 5: Fourth Pilar- Correction = 83,| 4, Searching - This steps involves the frisking of the prisoner and search his personal things. Weapons and other items classified as contraband a confiscated and deposited to the property custodian. Other properties ate deposited with the trust fund under recording receipts. 5. Briefing and Orientation/Assignment of Quarters - The prisoner will p, brief and oriented on the rules and regulations of the institution before he will be assigned to the RDC or quarantine unit. Note: QUARANTINE UNIT - This may be a unit of the prison or section of the RDC where the prisoner is given through physical examination includin, blood test, x-rays, vaccinations and immunity. This is for the purpose of insuring that the prisoners are not suffering from any contagious disease, which might be transfer to the prison population. Correctional treatment program When imprisonment came to be used as a form of punishment, people believed that by putting the offender in prison, community is protected from his further criminal depredations. However such belief is found to be doubtful. In that case, modern thinking indicates that the prison today should be geared to protect society as well as rehabilitate the offenders, to these ends, the Classification Committee should properly executes the Institution based treatment programs for individualized treatment of prisoners such as: general and academic program; vocational; recreational; work program; religious services and the health and medical services. These programs, directed to restore the offenders self respect, making him a law-abiding citizen after servicing his sentence. The ultimate goal of correction system is rehabilitation. Bureau of Jail Management and Penology Creation - The Bureau of Jail Management and Penology is created under Sec. 10 of R.A 6975 as amended by RA 9263. Under the Department of Interior and Local Government task for the custody, security and rehabilitation of convicted person with a penalty of three (3) years of imprisonment and below and those pending investigation or trial. Powers and Functions - Exercise supervision and control over all city and municipal jails EXCEPT Provincial Jails. The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction whose expenses shall be subsidized by the National Government. Jails (under the BIMP except Provincial Jails) ____Jails are institutions for the confinement of persons who are awaiting final disposition of their criminal cases and also for the service of those convicted and punished with shorter sentences, 84 Introduction to Philippine Criminal Justice SystemCourts and Entities Authorized to Commit a Person to Jail 1. Supreme Court Court of Appeals . Regional Trial Court |. Metropolitan/Municipal Court . Municipal Circuit trial Court . Board of Transportation . Deportation Board . Commission on Election ). National Prosecution Service 10. Police Authorities wonaurwn 11. All other administrative bodies as may be authorized by law types of Jails 1, Lock-up~a security facility for the temporary detention of persons held for investigation or awaiting preliminary investigation. 2. Ordinary Jail - It houses both offenders awaiting court action and those serving short sentences usually up to three (3) years, 3. Workhouses — Jail farm or camp houses minimum custody offenders serving short sentences with constructive work programs. It provides full employment of prisoners, remedial services and constructive leisure time activities, Legal grounds of detaining a person 1. Commission of a crime 2. Violent insanity or any other ailment requiring compulsory confinement in a hospital. Requirements for Commitment 1. Commitment Order 2. Medical Certificate 3. Complaint/Information 4. Police Booking Sheet General Categories of Inmates 1. Sentence Prisoner (Prisoner) - Convicted with final judgment 2. Detention Prisoner (Detainee) — Inmate who is undergoing investigation/ trial or awaiting trial/sentencing. (Chapter 5: Fourth Pilar = Correction 85Classification of Sentenced Prisoners 1. Insular or National Prisoner —is a person who is sentenced to serve a prison sentence of three (3) years and (1) day to death. 2. Provincial Prisoner —is a person who is sentenced to serve a prison sentence of (6) months and one (1) day to three (3) years. 3. City Prisoner — is a person who is sentenced to serve a prison sentence of one (1) day to three (3) years. 4, Municipal Prisoner—is a person whois sentenced to serve a prison sentence of one (1) day to six (6) months. (BJMP Manual 2007) Classification of Detainees 1. Undergoing investigation 2, Awaiting or undergoing trial 3. Awaiting final judgment OBE Question: * Alex was convicted to suffer imprisonment of 3 years of imprisonment. What correctional institution should take charge for his institutional correction? Discuss your answer. Second Approach: NON-INSTITUTIONAL CORRECTION It is believed that correction and rehabilitation of convicted offenders cannot only take place inside correctional facilities. Considering that our jails and correctional facilities are now overcrowded and the high cost of government expenses to maintain these facilities, non-institutional correction or otherwise known as community based correction is a good alternative for imprisonment. PROBATION Probation originated in the work of a Boston shoemaker named John ‘Augustus, who in 1841 began to supervise offenders and report on them to the court. In 1878 Massachusetts became the first state to pass a probation law. Probation is much less expensive than incarceration. It is designed to offer convicted offenders treatment outside prison where they can maintain their ties to conventional society. Judges, with the help of probation officers will decide 86 Introduction to Philippine Criminal Justice Systemwhether or not to grant or deny an applicant for probation, considering that this isa judicial prerogative. Probation Law of the Philippines (PD 968, as amended by RA 10707) __ The law defined Probation as a disposition, under which a defendant after conviction and sentence, is released subject to the conditions imposed by the Court and to the supervision of a probation officer. The Purposes of Probation Law are: 1, Promote the correction and rehabilitation by providing the offender with individualized treatment. 2. Provide an opportunity for the reformation of an offender which might be less probable if he were to serve a prison sentence. 3. Prevent the commission of offenses. Notes: * The trial court may, after it shall have convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation. * No application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment of conviction. {PD 1990) In other words, the filing of the application for probation is considered as a waiver of the right of the accused to appeal. * Anapplication for probation shall be filed with the trial court. « The filing of the application shall be deemed a waiver of the right to appeal. An order granting or denying probation shall not be appealable. However, an outright denial by the court is a nullity correctible by certiorari. (De Luna v. Hon. Medina, CA 78 OG 599) An accused must fall within any one of the disqualification in order to be denied probation. (Balleta v. Leviste, 92 SCRA 719) Disqualified offenders are: 1. Sentenced to serve a maximum term of imprisonment of more than 6 years, Apenalty of six years and one day is not entitled to the benefits of the law. In Francisco v. CA, 243 SCRA 384, the Supreme Court held that in case of one decision imposing multiple prison terms, the totality of the prison terms should not be taken into account for the purposes of determining the eligibility of the accused for the probation. The law uses the word “maximum term’, and not total term. \t is enough that each of the prison term does not exceed 6 years. The number of offenses is immaterial for as long as the penalties imposed, when taken individually and separately, are within the probationable period, Chapter 5: Fourth Pilar - Correction 87q 2. Convicted of any crime against the national security (treason, espiona, piracy, etc.) 9, (Note Crimes AGAINST PUBLIC ORDER is deleted Section 2, RA 10707)) 3. Who have previously been convicted by final judgment of an offen, punished by imprisonment of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000.00); (as amende, by Section 2, RA 10707) : 4. Who have been once on probation under the provisions of this Decree; ang 5. Who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof” Obligations of a probationer: 1. Present himself to the probation officer within 72 hours from receipt of probation order. 2. Report himself to the probation officer at least once a month during the period of probation. 3. Not to violate the conditions of his probation In case of violation is committed by the probationer: The court, after considering the nature and seriousness of the violations of probation (if any), may issue a warrant for the arrest of the probationer, He is then brought to the court immediately for hearing, which is summary. If violation is established, the Court may revoke or continue the probation and modify the conditions thereof. If revoked, the probationer shall be ordered to serve the sentence originally imposed and shall commit the probationer. The order of the court is not appealable. Final Discharge of probation, implications: A final discharge of probation shall operate to restore to the probationer all civil rights lost or suspended as a result of the conviction and to full discharge of his liability for any fine imposed. Under the Probation Law what is suspended is the execution of the sentence, while under PD 603, as amended, what is suspended is the pronouncement of the sentence upon request of the youthful offender. The suspension of the sentence, however, has no bearing on the civil liability, which is separate and distinct from the criminal action. (Budlong v. Apalisok, 22 SCRA 935) Six (6) Essential goals of Probation 1, Anenlightened and humane correctional system; 2. The reformation of offenders; 3. The reduction of the incidence of recidivism; 4, To extend to offenders individualized and community-based treatment programs instead of in1prisonment; 5. It is limited only to offenders who are likely to respond to probation favorably; and 6. It is economical or less costly than confinement to prisons and other institutions with rehabilitation programs. 88 Introduction to Philippine Criminal Justice SystemThe Benefits and Advantages of Probation: The implementation of the Probation Law will confer benefits and advantages not only to society in general but more so on the part of the offender and the government. 1, To society - The philosophy of probation is that the community is responsible for crime and its causation, that individuals can change and deserve a second chance, and that itis for the greater good of society that offenders not be summarily eliminated from productive life but brought back to its fold inthe quickest and least traumatic way possible. Concretely, society is benefited by the probation system owing to the continued presence therein of erring individuals who, notwithstanding a previous error, are expected to have turned from their errors and to continue serving the society. A different situation would result in the incarceration of valuable human resources. 2. To the offender - In the absence of probation as an alternative to incarceration, a convicted offender would accumulative suffer the loss not only of family contacts and job, but also, with the mass treatment in prison, loss of privacy or any privileges requiring exercise of personal freedom of choice. In addition to stigmatization, disruption of normal familial and other meaningful relationship, such removal from productive participation in the labor force results in deprivations for the loved ones and innocent associates of the convict. 3. To the government - The confinement of all offenders in prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country. Probation is thus a less costly alternative to the imprisonment of offenders. Adoption of the system which humanizes criminal law and penology also demonstrates the government’s adherence to the principle of human rights. One other tangible benefit of probation is that it would help relieve congestion in our jails and other institutional corrections. PARDON Constitutional basis: Section 19, Article VII of the 1987 Constitution: “Except in cases of impeachment or as otherwise provided in this Constitution, the President may grant reprieve, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.” Pardon Pardon is a form of executive clemency which is exercise by the Chief Executive, It is an act of grace and the recipient of pardon is the entitled to it is as a matter of right. The exercise of pardon is vested in the executive, is discretionary and is not subject to review or judicial notice by the court. Neither does the Legislative Branch of Government have the right to establish condition nor provide Chapter 5: Fourth Pillar - Correction 89.procedures for the exercise of the same. Hence, it is vulnerable for abuse by the executive. Pardon was begun from Pre-Christian Era. In fact the Holy Bible contains an allusion where a criminal was released and pardoned by the king at the time Christ was crucified. The exercise of Pardoning Power has always been vested in the hands of executive branch of the government whether a king, queen, president or governor. In England, pardon developed out of the conflict between the King and the Nobles who threatened his power. Pardon was applied to members of the Royal family who committed crimes, and occasionally to those convicted of offenses against the Royal Power. It was the general view that the pardoning power was the exclusive prerogative of the King. In the United States, pardon among early American colonies was a carry. over of English practice. The Pardoning power was exercised by the Royal Governor through the power delegated by the King. After the declaration of independence, the Federal and State Constitutions vested the pardoning power on the President of the United States and the Governors in Federal and State cases respectively, (Source: Notes on Penology Revised by Alcantara 1973) Is the Pardoning Power of the President Absolute? No. The Constitution itself provides for limitations to wit: 1. Pardon cannot be granted in cases of impeachment (Section 19, Article VII of the 1987 Constitution). In a very strict sense, an impeachment proceeding is not judicial proceeding neither criminal prosecution and therefore beyond the ambit of Pardoning Power. But when the government official is already impeached from his office and latter on charged and convicted criminally in an ordinary criminal action, the President may extend pardon to him. 2. No Pardon can be granted for violation of any election laws, rule and regulation without the favorable recommendation of the Commission on Election (Section 5, Article IX (C). This provision is a good guard for the President in exercising this power in favor to her political party mates who violated election laws for her to win the presidency. Under Section 5 of the General Guidelines for Recommending Executive Clemency which is approved and released by the Department of Justice on June 26, 2003, provides among other that: “The Board of pardons and Parole shalll refer matters pertaining to executive clemency for comment and recommendation as follows: 1. To the Commission on Elections, if it involves violation of election laws, rules and regulation. 2. To the Secretary of National Defense and Secretary of Interior and Local Government, if it involves crimes against national security or public order or the law of nations, and 3. To the Department of Foreign Affairs, if the prisoner is an alien. 90 Introduction to Philippine Criminal Justice System *It is worth to note that in the cases of number 2 and 3, the President may disregard these because it is not belong to the Constitutional limitations in exercising pardon, 3. Pardon can be granted only after conviction by final judgment. There is no room for pardon when the case is not reached its finality. In the case of former President Estrada, his appeal from the Judgment of Sandiganbayan was withdrawn to make it final and for him to availed the privilege of pardon. 4. Pardon must yield to the Doctrine of Separation of Powers. A pardon cannot be extend to a person convicted of legislative contempt, as this would violate said doctrine, or of civil contempt since this would involve the benefit not of state itself but of the private litigant whose rights have been violated by the person declared in contempt. It is also well settled that pardon cannot also be extended for the purpose of absolving the pardonee of civil liability, including judicial costs, since again, the interest that is remitted does not belong to the State but to the private litigant. Pardon also will not restore offices forfeited. OBE Question: * Can the President grant pardon to those persons convicted of crime against public order without the favorable recommendation from the Secretary of Department of Interior and Local Government? Justify your answer, What are the different kinds of pardon? There are two kinds of pardon, the absolute and conditional pardon. An absolute pardon is one extended without any conditions or strings attached, whereas a conditional pardon is one under which the convict is oblige to follow certain conditions. Where the pardon is absolute the convicted person has no option at all and must accept it whether he likes it or not. His consent to absolute pardon is not indispensable hence, it is valid upon issuance. Chapter 5: Fourth Pilar - Correction 911qv Whereas, in the case of conditional pardon the convicted person h; the right to reject or refuse the pardon if he feels that the condition impose! is not favorable on his part. This kind of pardon is considers a contract betwee the pardoning authority and the pardonee hence; consent is indispensable for validity. Se What are the purposes of absolute pardon? 1. To do away with miscarriage of justice 2. To keep punishment abreast with the current philosophy, concept or practice in the administration of justice. 3. To restore full political and civil rights of the persons who have already served their sentence and have waited the prescribed period. 4. To avoid political crisis or tumultuous political situation How to avail the privilege of conditional pardon? To avail of this privilege, a qualified inmate, his family or relatives, or upon recommendation of prison authorities will file a petition for conditional pardon addressed to the President. The request will be forwarded to the Board of Pardons and Parole, which will process the same before making their appropriate actions, What is the Legal Effect of Pardon? The legal effect of pardon is to restore not only the convict’s liberty but also his civil and political rights. However, in the case of Monsanto v. Factoran (170 SCRA 190), the Supreme Court declares that “pardon does not ipso facto restore a convicted felon to pubic office necessarily relinquished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility for appointment to that office” Other Forms of Executive Clemency 1. Amnesty — given by the President with the concurrence of the majority of all members of Congress. Granted to classes of person or communities who may be guilty of political offense. 2. Reprieves - postpones the execution of an offense to a day certain. (Peolple vs. Vera, 65 Phil. 56) 3. Commutations— is a remission of a part of the punishment; a substitution ofa less penalty for the one originally imposed. 4. Remission of fines and forfeitures - merely prevents the collection of fines or the confiscation of forfeited property; it cannot have the effect of returning property which has been vested to third parties or money already in public treasury. (1987 Constitution: A Commentary by Ft. Joaquin G, Bernas, S.J. pp 901, 2003) 2 92 Introduction to Philippine Criminal Justice SystemOBE Question; * Discuss why pardon may be considered as the most abuse power of the President? PAROLE Both prison crowding and high cost of incarceration can be reduced by releasing inmates before they complete their full sentences. They can then be supervised on the street and sent back to prison if they violate the conditions of their release. This system is called parole. A parole is a conditional pardon. It refers to the conditional release of an offender from a correctional institution after he serves the minimum term of his prison sentence. It does not have the effect of extinguishing the criminal liability of the offender. Indeterminate Sentence Law (ISLAW)(Act No. 4103, as amended, Dec. 5, 1933) ‘The purpose of the laws to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. (People v. Temporada, December 2008) As a rule, it is intended to favor the accused particularly to shorten his term of imprisonment, depending upon his behavior and his physical, mental, and moral record as a prisoner to be determined by the Board of Indeterminate Sentence. Indeterminate sentence is a sentence with a minimum term anda maximum benefit of a guilty person, who is not disqualified therefore, when the maximum penalty of imprisonment exceeds one year. It applies to both violations of the RPC and special laws. Application on the imposed Sentenced Asentence with a minimum term and a maximum term which, the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds one (1) year. It applies to both violations of the RPC and SPL. CChapter 5: Fourth Pillar = Correction. 93,Coverage of ISLAW 1. Revised Penal Code (RPC) -The court shall sentence theaccused to an indeterminate sentence the MAXIMUM TERM of which shall be that which, in view of the attending circumstances, could be properly imposeq under the Code, and the MINIMUM TERM which shall be within the range of the penalty next lower in degree to that prescribed by the Code for the offense. The maximum is the penalty imposed as provided by law, depending upon the attending circumstances. The minimum is one degree next lower to the penalty prescribed for the offense. The latter is determined without considering the attending circumstances to the penalty prescribed, and is left to the discretion of the court. (People v. Yco, 6545, July 27, 1954) 2. Special Penal Law (SPL)-The court shall sentence the accused to an indeterminate sentence, the MAXIMUM TERM of which shall not to exceed the maximum fixed by said law and the minimum shall not be less than the MINIMUM TERM prescribed by the same. (Source: Revised Penal Code by Reyes 2001) ISLAW is not applicable to persons who are: 1. Convicted of offenses punished with death or life imprisonment. 2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition or espionage, or piracy. 3. Those who are habitual delinquents. Note: © Recidivists are entitled to an indeterminate sentence. (People v. Jaranilla, 28547, Feb. 22, 1974) i 4, Those who shall have escaped from confinement or evaded sentence. Note: * A minor who escaped from confinement in the reformatory is { entitled to the benefits of the law because confinement is not i considered imprisonment. (People v. Perez, 44 OG 3884) 5, Those who having been granted conditional pardon by the President shall have violated the terms thereof. 6. Those whose maximum period of imprisonment does not exceed one year. Note: ‘© The application of which is based upon the penalty actually imposed in accordance with law. (People v. Hidalgo, 452, Jan. 22, 1962) Those already serving final judgment upon the approval of this Act (December 5, 1933). Those sentenced to the penalty of destierro or suspension. Notes: N = ¢ Whenever any prisoner who shall have served the minimum > Introduction to Philippine Criminal Justice SystemPenalty imposed on him, the Board of Indeterminate Sentence May, in its discretion, and in accordance with the rules and regulations adopted thereunder, authorize the release of such prisoner on parole. If during the period of surveillance, such parolee shall show himself to be a law-abiding citizen and shall not violate any of the laws of the Philippines, the Board may issue a final certificate of release in his favor. Whenever any prisoner released on parole shall, during the period of surveillance, violate any of the conditions of his parole, the Board may issue an order for his re-arrest and shall serve the remaining unexpired portion of the maximum sentence. . The application of the Indeterminate Sentence Law is mandatory if the imprisonment would exceed one year. It would be favorable to) ae accused. (People v. Judge German Lee, Jr, 86859, Sept. 12, 4) Significant Distinctions: Probation vs. Parole These two concepts are sometimes used interchangeably, but there are substantial differences between the two. Parole is a conditional release from actual confinement under sentence of imprisonment, contingent upon future conduct with respect to terms of parole, and the parolee is subject to future confinement for the un-served portion of sentence in the event he violates the conditions, While probation relates to action taken before prison door is closed, and before final conviction, parole relates to action taken after the prison door has been closed, and partakes of the nature of pardon, for it suspends execution of penalty already imposed. An order placing a defendant on probation is not a final judgment, but is rather an “interlocutory judgment” in the nature of a conditional order placing the defendant under the supervision of the court for his reformation, to be followed by a final judgment of discharge, if the conditions of probation are complied with, or by a final judgment of sentence if the conditions are violated. Probation vs. Suspension of Sentence A suspension of sentence postpones execution of sentence for a definite time, while probation suspends sentence during good behavior. Probation vs. Pardon Probation and pardon are not the same. Probation is “a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.” Probation is a part of the judicial power, while pardon is a part of the executive power. The suspension of the sentence under probation simply postpones the judgment of the court temporarily or indefinitely, but the conviction and liability following it, and the civil disabilities, remain and become operative when judgment is rendered. Pardon vs. Amnesty — Pardon is granted by the Chief Executive as such it is a private act which must be pleaded and proved by the person pardoned, because the courts takes no notice thereof; while amnesty by Proclamation of the Chief Executive with the concurrence of Congress, is a public act of which the courts should take judicial notice. Chapter 5: Fourth Pillar = Correction 95)