Published — July 15, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “What is the pardoning power of the President?”, read also “What is the Military Power of the President?”
“To 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 adjudged 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.”
(Monsanto v. Factoran, G.R. No. 78239, February 09, 1989)
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Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
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He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.
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No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission of Elections.
What is the President’s pardoning power?
Executive clemency may be extended by the President for administrative penalties. The express provision of the Constitution does not make any distinction as to the extent of the pardoning power, except with respect to impeachment cases.
The law says:
Article VII, Section 19 of the 1987 Constitution provides that:
“Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.”
What are the forms of executive clemency?
Executive clemency may come in the form of:
- Reprieves;
- Commutations;
- Pardons;
- Amnesty: and
- Remission of fines and forfeitures, amnesty. (Section 19, Art. VII, 1987 Constitution)
A reprieve postpones the execution of a sentence to a day certain. (People v. Vera, G.R. L-45685, November 16, 1937) It is a stay of execution.
A commutation is a remission of a part of the punishment, of a substitution of a lesser penalty for the one originally imposed. (People v. Vera, G.R. L-45685, November 16, 1937)
A commutation is a reduction or mitigation of a penalty.
A parole is a release from imprisonment, but without full restoration of liberty since the parolee is in custody of the law although not in confinement until the expiration of his sentence. (Philippine Political Law, Cruz and Cruz, 2014, p. 453.)
A remission of fines and forfeiture merely prevents the collection of fines or the confiscation of forfeited property. It cannot have the effect of returning property which has been vested in third parties or money already in public treasury. (1987 Philippine Constitution: A Comprehensive Reviewer, 2011, p. 315)
What is pardon?
Pardon is discretionary on the part of the President and may not be controlled by the legislature or reversed by the courts, unless there is a constitutional violation. The legal effect of a pardon is to restore not only the offender’s liberty but also his civil and political rights. Subject to the limitations imposed by the Constitution, pardoning power cannot be restricted or controlled by legislative action.
Jurisprudence says:
“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.” (Tiu v. Dizon, G.R. No. 211269, June 15, 2016)
In the case of Monsanto v. Factoran (G.R. No. 78239, February 09, 1989), the Supreme Court rules that:
“Pardon cannot mask the acts constituting the crime. These are historical facts which, despite the public manifestation of mercy and forgiveness implicit in pardon, ordinary, prudent men will take into account in their subsequent dealings with the actor.
Pardon 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 person’s innocence (which is rare), it cannot bring back lost reputation for honesty, integrity and fair dealing. This must be constantly kept in mind lest we lose track of the true character and purpose of the privilege.”
What is the limitation to the President’s pardoning power?
The law says:
Article IX-C Section 5 of the 1987 Constitution provides that:
“Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.”
Jurisprudence says:
In the case of Risos-Vidal v. COMELEC (G.R. No. 206666, Junary 21, 2015), the Supreme Court ruled that:
“The pardoning power of the President cannot be limited by legislative action.
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It is apparent from the foregoing constitutional provisions that the only instances in which the President may not extend pardon remain to be in:
(1) impeachment cases;
(2) cases that have not yet resulted in a final conviction; and
(3) cases involving violations of election laws, rules and regulations in which there was no favorable recommendation coming from the COMELEC.
Therefore, it can be argued that any act of Congress by way of statute cannot operate to delimit the pardoning power of the President.”
What is the doctrine of non-diminution or non-impairment of the President’s power of pardon?
“This doctrine refers to the exercise of the pardoning power is discretionary in the President and may not be interfered with by Congress or the Court, except only when it exceeds the limits provided for by the Constitution.” (Risos-Vidal v. COMELEC, G.R. No. 206666, Junary 21, 2015)
Otherwise stated, any act of Congress by way of statute cannot operate to delimit the pardoning power of the President.
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