Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts

the
individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the
private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended,
and not communicated officially to the Court. A pardon is a deed, to the validity of which delivery is essential, and
delivery is not complete without acceptance.
What is the effect of pardon?
hile 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. !he 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 thereof. It does not wash out the moral stain. It involves forgiveness
and not forgetfulness.
!he better considered cases regard full pardon "at least one not based on the offender#s innocence$ as relieving the
party from all the punitive conse%uences of his criminal act, including the dis%ualifications or disabilities based on
the finding of guilt. &ut it relieves him from nothing more. !o say, however, that the offender is a new man, and
as innocent as if he had never committed the offense' is to ignore the difference between the crime and the
criminal. A person ad(udged guilty of an offense is a convicted criminal, though pardoned' he may be deserving of
punishment, though left unpunished' and the law may regard him as more dangerous to society than one never
found guilty of crime, though it places no restraints upon him following his conviction.
A pardon loo)s to the future. It is not retrospective. It ma)es no amends for the past. It affords no relief for what
has been suffered by the offender. It does not impose upon the government any obligation to ma)e reparation for
what has been suffered. *ince the offense has been established by (udicial proceedings, that which has been done
or suffered while they were in force is presumed to have been rightfully done and (ustly suffered, and no
satisfaction for it can be re%uired.
What is the constitutional basis of pardon?
!he power to pardon, which is a form of executive clemency, is given to the President under *ection +,, Article
-II of the Constitution. It reads.
/xcept in cases of impeachment, or as otherwise provided in thisConstitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by final (udgment.
0e shall also have the power to grant amnesty with the concurrence of a ma(ority of all the members of the
Congress.
What are the Constitutional limitations on the grant of pardon?
!he limitations provided under the Constitution are. "+$ 1o pardon may be granted in impeachment cases' "2$ 1o
pardon may be granted when otherwise provided under the Constitution, specifically *ec. 3, Article I45C, which
provides that 1o pardon, amnesty, parole or suspension of sentence for violation of elections laws, rules, and
regulations shall be granted by the President without the favorable recommendation of the 6C78/9/C:' and ";$ It
may only be granted after conviction by final (udgment.
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 sub(ect to conditions imposed by the court and to the supervision of a probation officer.
Probation is a part of the (udicial power, while pardon is a part of the executive power. !he suspension of the
sentence under probation simply postpones the (udgment of the court temporarily or indefinitely, but the conviction
and liability following it, and the civil disabilities, remain and become operative when (udgment is rendered.
What is 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.
How is pardon different from commutation and reprieve?
Commutation is a remission of a part of the punishment' a substitution of a less penalty for the one originally
imposed.
A reprieve or respite is the withholding of the sentence for an interval of time, a postponement of execution, a
temporary suspension of execution.
What are the more famous acts of pardon/executive clemency?
In 2<<=, President >loria 8acapagal Arroyo granted pardon in favor of former President ?oseph /(ercito /strada.
In 2<<@, President Arroyo granted pardonto Claudio !eehan)ee, ?r.
Sources: Section 3, Presidential Decree No. 968, also known as the Probation Law !onsanto "s. #actoran, $r.,
%.&. No. '8(39, 9 #ebruar) *989 Peo+le "s. ,era, %.&. No. L-./68/, *6 No"e0ber *93' 1astrodes "s. 1ubelo,
%.&. No. L-.'233, *6 $une *9'8 Peo+le "s. 3besa0is, %.&. No. *.298/, (8 3u4ust (22'.
Definitions
1. ardon A an act of grace which exempts the individual on whom it is bestowed from punishment
which the law inflicts for a crime he has committed.
a. Plenary or partial
b. Absolute or conditional
Conditional pardon A is in the nature of a contract between the sovereign power or the Chief
/xecutive and the convicted criminal to the effect that the former will release the latter sub(ect to the
condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to
serve the unexpired portion of the sentence or an additional one.
!. Commutation A reduction or mitigation of penalty
". #eprieve A postponement of sentence or stay of execution
$. arole A release from imprisonment, but without full restoration of liberty, as parolee is in custody of
the law although not in confinement
%. &mnesty A act of grace, concurred in by the 9egislature, usually extended to groups of persons who
committed political offenses, which puts into oblivion the offense itself.
Distinction between ardon and &mnesty
&mnesty ardon
+. granted for political offenses +. granted for any offense
2. granted to classes of persons or communities 2. granted to individuals
;. may be granted at any time ;. granted after final conviction
B. need not be accepted B. must be accepted
3. re%uires the concurrence of congress 3. does not need the concurrence of congress
C. public act which the court may ta)e (udicial notice C. private act which must be pleaded and proved by
the person pardoned
=. loo)s bac)ward and puts the offense into oblivionloo)s forward and relieves the offender from the
conse%uences of his offense
'imitations on the exercise of the pardoning power(
+. Cannot be granted in cases of impeachment'
2. Cannot be granted in violations of election laws without favorable recommendations of the C78/9/C'
;. Can be granted only after conviction by final (udgment "except amnesty$'
B. Cannot be granted in cases of legislative contempt or civil contempt'
3. Cannot absolve convict of civil liability'
C. Cannot restore public offices forfeited.
Cases(
D Person released under an amnesty proclamation stands before the law precisely as though he had
committed no offense. Par. ;, Art. @,, Eevised Penal Code provides that criminal liability is totally
extinguished by amnesty, the penalty and all its effects are thus extinguished "People v. Patriarca,
>.E. 1o. +;3B3=, *eptember 2,, 2<<<$
D !o avail of an amnesty proclamation, one must admit his guilt of the offense covered by
the proclamation "-era vs. People, = *CEA +32$
D Conditional pardon is in the nature of a contract between the sovereign poweror the Chief /xecutive and
the convicted criminal to the effect that the former will release the latter sub(ect to the condition that
if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the
unexpired portion of the sentence or an additional one. &y the pardonee#s consent to the terms
stipulated in the contract, the pardonee has placed himself under the supervision of the Chief
/xecutive or his delegate who is duty bound to see to it that the pardonee complies with
the conditionsof the pardon.
Fnder *ection CB "i$ of the Eevised Administrative Code, the Chief /xecutive is authoriGed to order
Hthe arrest and re5incarceration of any such person who, in his (udgment, shall fail to comply with the
condition, or conditions of his pardon, parole, or suspension of sentence.H It is now a well5entrenched
rule in this (urisdiction that this exercise of presidential (udgment is beyond (udicial scrutiny. !he
determination of the violation of the conditional pardon rests exclusively in the sound (udgment of the
Chief /xecutive, and the pardonee, having consented to place his liberty on conditional pardon upon
the (udgment of the power that has granted it, cannot invo)e the aid of the courts, however erroneous
the findings may be upon which his recommitment was ordered. 56n &e: Petition 7or 8abeas 1or+us o7
9il7redo S. Su0ulon4, %.&. No. *((338, Dece0ber (9, *99/:
D In 9lamas vs. 7rbos, pardon is available also to one found guilty of administrative offense. *ection +, of
Article -II did not distinguish between a criminal and administrative offense.
D )ffect of grant of pardon( In the case of !onsanto "s. #actoran "+=< *CEA +,< "+,@,$, the accused
was convicted of malversation thru falsification of official documents. *he was granted absolute
pardon. *he demanded for reinstatement and bac) salaries. !he *C held that pardon may mean
forgiveness but not forgetfulness. hat was remitted is the penalty and not the fact of one#s guilt. In
the eyes of law, she was still a convict.
)xceptions(
+. Fnless the grant expressly so provides for her reinstatement and payment of bac) salaries.
2. If the grant of pardon was based on the fact of the innocence of the one charged of the crime.
D *ection +,, Article -II is simply the source of power of the President to grant reprieves, commutations,
and pardons and remit fines and forfeitures after conviction by final (udgment. !his provision,
however, cannot be interpreted as denying the power of courts to control the enforcement of their
decisions after the finality. In truth, an accused that has been convicted by final (udgment still
possesses collateral rights and these rights can be claimed in the appropriate courts. Ior instance, a
death convict who becomes insane after his final conviction cannot be executed while in the state of
insanity. "*ee Article =, of the Eevised Penal Code$
Article @+ of the Eevised Penal code, as amended, which provides that the death sentence shall be
carried out without pre(udice to the exercise by the President of his executive clemency powers at all
times. Ior instance, the President cannot grant reprieve, i.e., postpone the execution of a sentence to
a day certain in the absence of a precise date to rec)on with. !he exercise of such clemency power, at
this time, might even wor) to the pre(udice of the convict and defeat the purpose of the Constitution,
and the applicable statute as when the date of execution set by the President would be earlier than
that designated by court. 5;che4ara) ". Secretar) o7 $ustice, 32* S1&3 96, *999: