Pardon

Pardon is defined as an act of grace given by the Chief Executive as a
private act which must be pleaded and proved by the person pardoned because the
courts take no notice thereof. Its purpose is to afford relief from undue harshness or
evident mistake in the operation and enforcement of criminal law.
Proclamation of July 4, 1902, with respect to those offenses which have arisen
out of internal political feuds and dissensions among the Filipinos themselves, such
as the ordinary crimes of murder, robbery, arson, etc., must be regarded in the
nature of pardon.
Different 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 of which he was convicted.
a. The president may grant absolute pardon to the imprisoned President
he has deposed. In the country, former President Gloria Arroyo granted
absolute pardon to former President Joseph Estrada who was convicted
by Sandiganbayan for the crime of plunder.
Purposes of Absolute Pardon are:
To right a wrong.
To normalize a tumultuous political situation.
2. Conditional Pardon- refers to the exemption of an individual, within certain
limits or conditions, from the punishment the law inflicts for the offense he
has committed resulting in the partial extinction of the criminal liability.
Condition pardon is a contract between the Chief Executive and the convicted
criminal, the convicts consent to the terms stipulated in the contract, the
convict has placed himself under the supervision of the Chief Executive or his
delegate who is duty bound to see to it that the convict complies with the
conditions of the pardons.
In a conditional pardon, the condition may be less acceptable to the
condemned than the original punishment, and may in fact be more onerous.
In this respect it differs from a commutation, which is a mere reduction of the
penalty, or from a pardon which is total remission.
Ways of extending conditional pardon in the convict:
a. Through the operation of the Intermediate Sentence Law;
b. Through the grant of probation under the Probation Law; and
c. Through the exercise of the President, motu proprio, of the power
under the Constitution.
3. General Pardon- is a pardon which applies to all persons falling within a
certain category.
4. Special Pardon- is a pardon which is conceded to a single individual for an
ordinary crime.
When is Pardon Granted?
A pardon is granted after conviction frees the individual from all the penalties
and legal disabilities and restores him to all his civil rights. But unless expressly
grounded on the persons innocence, it cannot bring back lost reputation for
honesty, integrity and fair dealings.
What Agency Recommends to the President the Grant of Pardon?
President may grant pardon upon the recommendation of the Board of
Pardons and Parole (BPP). The BPP is the agency in charge with the release of
sentenced prisoners based on modes specified by law. Its actions and proceedings
are governed by the provisions of Section 4 of Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended, and EO No. 292, series of 1987,
otherwise known as The Administrative Code of 1987.
Effects of Pardon by the President?

1. An absolute pardon extinguishes the criminal liability of the offender.
(Article 89(3), RPC)
2. It does not exempt the offender from payment of the civil indemnity
imposed in the sentence. (Article 36, RPC)
3. It does not restore the right to hold public office or the right of suffrage
unless such rights are expressly restored by the terms of the pardon.
(Article 36, RPC)
What is the Requirement before the BPP may recommend to the President the
Grant of Conditional Pardon?
For the Conditional Pardon, an inmate should have served at least one-half
(1/2) of the maximum of the original indeterminate and/or definite prison term.
VIOLATION OF CONDITIONAL PARDON
It is an infringement of the terms stipulated in a contract between the
sovereign power or the Chief Executive and the criminal, to the effect that the
former will release the latter subject to the condition that if he does not comply with
the term, he will be recommitted to prison to serve the unexpired portion of the
sentence or an additional one.
Remedies of the State if the conditions of pardon are violated
When the conditions are violated, the offender is considered in evasion of the
service of his sentence and shall be:
1. Rearrested and re-incarcerated by order of the President under the
Revised Administrative Code; or
2. Prosecuted under Article 159 of the RPC. When the penalty remitted is 6
years and below, there will be an additional penalty; over 6 years, the
remaining sentence shall be served without additional penalty for the
evasion.
PARDON BY THE OFFENDED PARTY
Pardon by the offended party in the prosecution of the crimes of adultery,
concubinage, seduction, abduction, and acts of lasciviousness is provided under
Article 344 of the RPC, which provides that:
Article 344. xxx The offended party cannot institute criminal prosecution
without including both the guilty parties if they are both alive, nor, in any case, if he
shall have consented or pardoned the offenders.
xxx shall not be prosecuted except upon a complaint filed by the offended
party or her parents, grandparents, or guardian, nor in any case, of the offender has
been expressly pardoned by the above-named persons, as the case may be. xxx
Distinction of Pardon by the Chief Executive from Pardon by the Offended Party:
1. Pardon by the President can extend to any crime, unless otherwise
provided by or subject to conditions in the Constitution or the laws.
Whereas pardon by the offended party applies only to crimes against
chastity under the RPC.
2. Pardon by the Chief Executive extinguishes the criminal liability of the
offender; such is NOT the case when the pardon is given by the offended
party.
3. The former cannot affect the civil liability ex delicto (from out of ta
criminal act) of the offender whereas in the latter, the offended party can
waive the civil liability.
4. Pardon by the Chief Executive is granted ONLY AFTER CONVICTION and
may be extended to any of the offender; while in cases where the law
allows pardon by the offended party, the pardon should be given
BEFORE the institution of criminal prosecution and must be extended to
both offenders.

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Pardon is defined as an act of grace given by the Chief Executive as a

Effects of Pardon by the President?

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