PARDON, CONCEPT AND DEFINITION

Pardon is a type of executive clemency administered by the Chief Executive. Pardon is

an act of grace, and the recipient is not entitled to it by right. Pardons are granted at the
discretion of the Executive and are not subject to judicial review. The Legislative Branch
of the government does not have the authority to establish conditions or procedures for
the exercise of clemency.
In legal terms, a pardon is a freedom from guilt or remission of punishment. In criminal
law, the power of pardon is often exercised by the state’s top executive. A legislative
body may also grant pardons, usually by an act of indemnification, anticipatory or
retrospective, for criminal actions taken in the public interest. A pardon releases
someone from penalty for a crime. The people have the intrinsic right to pardon, and
they can delegate that power to whomever they want. State constitutions typically
specify where the pardoning power falls. Individuals are normally granted pardons,
although groups of people may also receive them. The decision to grant or deny a
pardon, whether made by the President or a state governor, is entirely at the discretion
of the executive branch. That decision is usually final and not subject to judicial review.
According to Philippine law, a pardon is an act of kindness or mercy given by the
President to a person who has been found guilty of a crime, relieving them of the legal
penalty or punishment. In essence, it eliminates the conviction’s legal consequences
and restores the person’s civil rights. Pardons may be given for a number of reasons,
such as the offender’s rehabilitation, national interest, or humanitarian considerations.
A pardon recognises that after committing a crime, one may experience personal
development and rehabilitation. When an offender works to change and reintegrate into
society, the authorities acknowledge their efforts by pardoning them. Pardons provide
those who have made mistakes in the past the opportunity to go on with their life.
Rebuilding their reputations and regaining some rights like the capacity to vote or run for
public office may come under this heading. Pardons embody principles of mercy and
forgiveness within the legal system, emphasising the importance of compassion and
understanding in administering justice. They can serve the broader public interest by promoting
reconciliation, fostering social cohesion, and encouraging trust in the legal system. In cases
where the original punishment is deemed excessively harsh or unjust, pardons can correct
miscarriages of justice and alleviate unnecessary suffering. Political reasons, such as public
opinion or diplomatic concerns, can also have an impact on pardons. Pardons can also be used as
a means of fostering reconciliation in post-conflict countries or as a show of goodwill between
nations. Although the power to pardon is extensive, it has restrictions. The President cannot
pardon impeached officials and must adhere to legislative and judicial procedures. Additionally,
pardons do not eliminate civil liabilities or reinstate public offices or political rights unless
explicitly stated.
Pardon serve a multifaceted role in the legal system, weighing factors such as justice,
mercy, rehabilitation, and public interest, which adds complexity to their overall function.

GARRY OMPONG
FIL RONSON MONTEROLA