Executive Clemency Power in the Philippines

Introduction

• The President of the Philippines has executive clemency power as part of executive branch authority.
• This power is a crucial part of the justice system, allowing the President to show mercy to convicted people in specific cases.
• The President's power is not absolute; it has legal limits and procedural protections against misuse.

Constitutional Basis

• The President's executive clemency authority comes from Article VII, Section 19 of the 1987 Philippine Constitution.
• Impeachment cases are exempt.
• The President can grant reprieves, commutations, pardons, remit fines and forfeitures after final judgment.
• The President has the power to grant amnesty with the backing of a majority of Congress.

Limitations on Presidential Power

Impeachment

• The President lacks the power to grant clemency to impeached public officials.
• Officials removed via impeachment cannot be reinstated through executive clemency.

Final Conviction

• Executive clemency is available only after a person has been convicted by final judgment.
• The judicial process must be fully exhausted.

Electoral Cases

• The President's clemency powers do not extend to cases involving election-related offenses.
• Election-related offenses fall under the jurisdiction of the Commission on Elections (COMELEC).

Judicial Review

• The Supreme Court can intervene if there is a clear case of grave abuse of discretion.

Legislative and Constitutional Prohibitions

• The President cannot employ clemency to circumvent legal restrictions or constitutional provisions.
• Granting pardons that contradict legislative policies is prohibited.

Process and Oversight

• Executive clemency occurs via a formal process with recommendations from the Board of Pardons and Parole (BPP).
• The Board of Pardons and Parole reviews applications and gives insight to the President, this ensures a system of checks and balances.

Conclusion

• Presidential executive clemency ensures justice and promotes rehabilitation.
• The power has constitutional provisions, legal safeguards, and procedural oversight limitations.
• These limitations are essential for maintaining fairness, preventing abuse, and upholding the rule of law.