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Types and Rules of Pardon in the Philippines

A pardon is an executive clemency granted by the President of the Philippines, forgiving a convict's guilt without erasing the conviction. There are two types of pardons: absolute, which fully restores civil rights, and conditional, which exempts a guilty offender from punishment under specific conditions. The President's pardoning power has limitations, including exclusions for impeachment offenses and certain legal violations.

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Sheehan Magsayo
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121 views12 pages

Types and Rules of Pardon in the Philippines

A pardon is an executive clemency granted by the President of the Philippines, forgiving a convict's guilt without erasing the conviction. There are two types of pardons: absolute, which fully restores civil rights, and conditional, which exempts a guilty offender from punishment under specific conditions. The President's pardoning power has limitations, including exclusions for impeachment offenses and certain legal violations.

Uploaded by

Sheehan Magsayo
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© All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd

Pardon

GROUP 2
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 act of grace.
 A pardon may be conditional or unconditional. Pardons do not erase or
seal a conviction; a pardon forgives guilt.
 It is vested to the Chief Executive (The President) as a matter of
power.
 Neither the legislative nor the judiciary branch of the government has
the power to set conditions or establish procedures for the exercise of
this Presidential prerogative.
 When a pardon is granted, the convicted offender is forgiven the
crime and its penalty..
2 TYPES OF PARDON
ABSOLUTE PARDON
 It is the total extinction of the criminal liability of the
individual to whom it is granted without any condition
whatsoever resulting to the full restoration of his civil
rights.
CONDITIONAL PARDON
 It is the conditional exemption of a guilty offender for the
punishment imposed by a court.
PURPOSES:
a. To do away with the miscarriage of Justice

b. b. To keep punishment abreast with the current philosophy,


concept or practice of criminal justice administration; and

c. c. To restore full political and civil rights of person who have


already served their sentence and have waited the
prescribed period.
DIFFERENCES TO OTHER FORM OF
EXECUTIVE CLEMENCY
REPRIEVE
 Is the temporary suspension of the execution of
a sentence.
COMMUTATION OF SENTENCE
 Is a remission of a part of the
punishment.
AMNESTY
 Exclusive to political
violator/offender.
QUALIFICATION
WHO MAY FILE A WHO MAY FILE A
PETITION FOR PETITION FOR
ABSOLUTE CONDITIONAL
PARDON? PARDON?
 One may file a petition for  A prisoner who has served at
absolute pardon if the least one-half (1/2) of the
maximum sentence is served maximum of the original
or granted final release and indeterminate and/or definite
discharge or court termination prison term.
of probation.
DISQUALIFICATION
 Habitual delinquents
 escapees with pending cases and;
 those who violated a prior conditional pardon
are ordinarily excluded.
LIMITATIONS OF THE PARDONING
POWER OF THE PRESIDENT
The following are the limitations 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 regulations
without favorable recommendations of the COMELEC;
e. It cannot be exercised to violation of tax laws;
f. It cannot absolve convict of civil liability;
g. It cannot restore public offices forfeited .
EXAMPLES
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EXAMPLES
EXAMPLES

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Thank you

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