Chapter 3 – Pardon

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Objective/s:
At the end of the lesson, students should be able to:
 
 
 Explain the concept, purpose and procedures of Pardon
 Distinguish the different kinds of Pardon
 Distinguish Conditional Pardon and Parole
 Distinguish the Difference of violation of Conditional Pardon and Evasion of Service of Sentence
 Explain what is Pardon by the Offended Party and Pardon in Crimes against Chastity

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Pardon
 It is an act of grace given by those charged with the power and authority to execute laws exempting the
individual subject of pardon from the punishment the law inflicts for a crime he has committed. The
grant of pardon is an act of executive clemency that rest exclusively within the sound discretion of the
president, and its exercise with objective of preventing a miscarriage of justice, or correcting a manifest
of injustice.
 It is also given by the CHIEF EXECUTIVE and as such t is private act which must be pleaded and prove by
the person pardoned because the court takes notice thereof. Pardon looks forward and relieves the
offender from consequences of an offense which he has been convicted.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Kinds of Pardon
1. Absolute Pardon - refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his civil and political rights and remits the penalty imposed for
the particular offense in which he was convicted. The president also can grant ABSOLUTE PARDON to the
imprisoned president he has disposed.
The purpose of the ABSOLUTE PARDON
 TO RIGHT A WRONG, nothing in this world is perfect. Even the administration of justice can escape the
phenomenon
 TO NORMALIZE THE TUMULTOUS POLITICAL SITUATION, those in the power of brands critics and opposition
against an incumbent regime as criminals and subversives

2. Conditional Pardon – refers to the exemption of an individual, within certain limits or condition from the
punishment the laws inflicted for the offense he has committed resulting to the partial extinction of his criminal
liability. It is in nature of contract between the chief executive and the convict to the effect that the former will
release the latter subject to the condition that if he does not comply with the terms of the pardon, he will
recommended to the prison to serve the unexpired portion of an individual ones.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Ways of extending conditional pardon to the convict:
 Through the operations of the Indeterminate Sentence Law
 Through the grant of probation under probation law
 Through exercise of the president, motu proprio, of the power under the constitution.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 ◦ When pardon is granted?

It is only granted after Final conviction. As provided under section 19 of ART VII, of the present constitution.

Except in cases of impeachment.

What AGENCY recommends the President to grant pardon?

Pardon may be granted by the president of the Philippines upon the recommendations of BPP. The BPP is the agency in
charge of release of sentence prisoners based on mode specified by law. It actions the proceedings are governed by the
provision of SECTION 4, of Act No. 4103 “indeterminate sentence law” as amended and executive order n0. 292 series of 1987
otherwise known as Administrative code of 1987

The policy objectives of BPP as enunciated in section 1 of rules and regulation of BPP state; “conformably with the basic
precepts of justice and mercy, it shall be the policy of BPP to uplift and redeem valuable human material to economic
usefulness and to prevent unnecessary and excessive deprivation of personal.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 What are the effects of pardon by chief executive?

 The absolute pardon distinguished the criminal liability of an offender

 It does not exempt the offender from payment of civil indemnity imposed in the sentence
 It does not restore the right to hold a public office or the right of suffrage unless such rights are
expressly restored by terms of pardon.

“ART, 36 PARDON; its effect, - a pardon shall not work to restoration of the right to hold public office, or the right of suffrage, unless
such rights be expressly restored by terms of pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by sentence.
Civil liability arising from crime governed by the RPC. It subsists now with the standing service of sentence or, for any reason
the sentence are not served by pardon, amnesty or commutation of sentence civil liability may be extinguished only by the same
causes recognize in the civil code, namely; payment, loss of things due. Remission of the debt, merger of the right of the creditor
and debtor, compensation or innovation.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 What is the requirement before the BPP recommend to the president to the grant of conditional pardon?

The board nonetheless review/or recommend to the president the grant of executive clemency to
an inmate provided the inmate meets the following minimum requirements of requirements.
What are the remedies of the state if conditions of pardon are violated?
Under section 64, of the revise administration code, the CHIEF EXECUTIVE is authorized to order “the
arrest and re-incarceration of any of such person, who in his judgment, shall fall to comply with the conditions.

 Re-arrested and re-incarceration by order of the president under the revised administrative code.
 Prosecuted under article 159 of the RPC
 When the penalty remitted is 6 years and below, there will be no additional penalty.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 What is the felony committed by the pardoner when he violated the condition of his pardon?

 Art 159 of the RPC PROVIDES FOR THE PROPER FELONY TO BE CHARGED AGAINST the convicted
felon who has granted and violated the condition of his pardon.
 Art. 159 other case of evasion of the service of sentence- the penalty of prision correctional in its
minimum penalty shall impose upon the convict who, having been granted conditional pardon by
the chief executive.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Pardon vs Amnesty
1. Amnesty, the effect of a crime erased or wipe out, consequently the convict is deemed innocent. Absolute
pardon is excuse from serving the sentence but does not erase the effect of conviction.

2. Amnesty, maybe granted even the offender has not yet been convicted by virtue of a final judgment. Absolute
pardon to be valid, there must be a final and executor sentence.

3. Amnesty, is a public act that requires the concurrence of the congress while absolute pardon is a private act
of chief executive.

4. Amnesty, is given into a group or class of offenders, absolute pardon, is given to an individual convict

5. Amnesty, is extended only to a political crimes, absolute pardon, may be grant whether the crime is political
or non political.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Distinguish Conditional Pardon and Parole
 The chief executive gives conditional pardon after conviction the provisions of the revised administrative
code the BPP gives prisoners who has served the minimum of indeterminate sentence PAROLE.

 For violation of the conditional pardon, the offender may either be arrested to served the remitted
penalty or prosecuted under article159 of RPC for violation of parole

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Distinguish Suspension of Sentence from Pardon
1. Suspension of sentence is always a part of judicial power, while pardon is always a part of executive
power.

2. The suspension of sentence simply postponed the judgment of the court temporarily. A Pardon reaches
the both the punishment prescribe for the offense and the guilt of the offender. It releases the
punishment and blunts out the existence of guilt. So that in the eye of law the offender is still innocent
as if he had never committed a crime.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Distinguish the violation of conditional pardon from evasion of service of sentence
 Violation of conditional pardon does not cause harm or injury to the right of the other persons nor does it
disturb the public order: it is merely an infringement of the terms stipulated in the contract between the chief
executive and the criminal.
 Evasion of service of sentence is an attempt, at least, to evade the penalty inflicted by the courts upon criminal
and thus defeat the purpose of the law of either reforming or punishing them for having disturbed the public
order.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Effect of an appeal from conviction by the trial court

When an accused appealed his conviction by the trial to the court of appeals (CA), his application for
pardon therefore, if one is made, should not be acted upon or the process towards it grant should
not begun unless the appeal is withdrawn. Hence, before an appellant may be validly granted
pardon, he must first ask the withdrawal of his appeal the appealed conviction must be first be
brought to finality.
It was held in the case people VS Crisola, scra 1, March 2, 1984, that clemency terminates the
appeal. However said ruling was corrected in the case of People vs. Salle, Jr., G.R No. 103567,
December 4, 1995, which provide that, since pardon can be extended only to one whose convicted is
final, pardon has no effect until the person withdraws his appeal.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Effect of the death of prisoner under Supervision

If a prisoner granted conditional pardon dies during the period of the supervision, the Probation and
Parole Officer shall immediately transmit the certified true copy of prisoner’s death certificate to the
BOARD RECOMENDING THE CLOSING OF THE CASE

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Pardon by the offended party

Pardon by the offended party is the prosecution of the crimes adultery, concubinage, seduction, abduction and
the acts of lasciviousness provided under Art 344 of the RPC
“Art 344 prosecution of the crimes adultery, concubinage, shall not be prosecuted except upon a complaint
filed buy the offended party.
The offended party cannot institute criminal prosecution without including both the guilty parties if they are
both alive, or in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction concubinage, abduction and the acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the offended party or her parents, grandparents, guardian, or in any case if the
offender expressly pardoned by the above-name person’s as the case maybe.
In case of concubinage, abduction and the acts of lasciviousness and rape, the marriage of the offender with
the offended party shall extinguished the criminal action or remit the penalty already imposed upon him.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Pardon by crime against chastity

By Express provision of the law in ART 344 part. 2 of the RPC pardon either express or implied by the
offended party to the offender is bar to prosecution of adultery and concubinage.
Pardon by the offended party must come before the Constitution of the criminal action. And both
offenders must be pardoned by the offended party.

Prosecution of rape may be made upon complaint by any person

By virtue of R.A 8353 anti rape law of 1997 which took effect on October 22, 1997, RAPE has been
classified Crimes against Persons and, thus, may be prosecuted even without a complaint filed by the
offended party.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Effect of the marriage between the offended party and the accused

A valid marriage between the offender and the offended party. Prior to the enactment of the said law, rape is a
classified as Crimes against Chastity under title RPC and maybe prosecuted without the complaint filed in the
court by the offended party.

What is the effect of an affidavit of retraction or desistance of the victim in rape cases? Does it
constitute acquittal?

In the case of Echegaray, the affidavit of desistance which the victim herself intended to disregard
must has no Bering on the criminal prosecution against the accused particularly in the trial courts
jurisdiction over the case.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher
 Distinction between Pardon by the chief executive and Pardon by the offended party

 Pardon by the chief executive can extend to any crime, unless provided by or subject to condition of
the constitution of the LAW
 Pardon by the chief executive extinguished the criminal liability of the offender, such in not the case
when the pardon is given by the Offended Party.
 The former cannot affect the civil liability ex delicto of the offender whereas in the latter, the
offended party can waive the civil liability
 Pardon by the chief executive is granted only after the final conviction of an individual and may be
extended to any of the offender; while in cases where the law allows Pardon by the offender party,
the pardon should e given before the institution of the criminal prosecution and must be extended
to both offenders.

CRIM Prof 321 – Non – Institutional Correction, 2nd Semester S.Y. 2022-2023 Pepito Q. Salas Jr – Subject Teacher