Pardon and Executive Clemency Quiz

Study Notes

Pardoning Power of the President

The President's pardoning power is an act of grace that exempts an individual from punishment for a crime they committed.
The power is vested in the Executive, discretionary, and not subject to review by the courts or limitations by the Legislative Branch.

Legal Basis of the Pardoning Power

Article VII, Section 19 of the 1987 Philippine Constitution grants the President the power to grant reprieves, commutations, and pardons.
The President also has the power to grant amnesty.

Characteristics of the Pardoning Power

The President's discretion is absolute, and the courts cannot inquire into the wisdom or reasonableness of a pardon.
The power extends to all offenses, including criminal contempt.
It does not exempt anyone from the law, but rather from punishment.

Constitutional Definition of Pardon

Pardon is an act of grace that exempts an individual from punishment for a crime they committed.

Kinds of Pardon

Absolute Pardon: not subject to any condition and becomes effective when made.
Conditional Pardon: given subject to conditions or qualifications and must be accepted by the offender to become effective.

Limitations of the Pardoning Power

May not be exercised for offenses in impeachment cases.
May only be exercised after conviction by final judgment.
No pardon, parole, or suspension of sentence may be granted for violations of election law or rules and regulations without the recommendation of the COMELEC.

Effects of Pardon

Removes penalties and disabilities and restores civil and political rights.
Does not discharge civil liability to the individual wronged.
Does not restore offices, property, or rights vested in others due to conviction.

Commutation of Sentence

Commutation is the reduction of a sentence to a lesser punishment.
May be granted without the acceptance and even against the will of the convict.
Purposes of commutation include breaking the rigidity of the law, extending parole, and saving lives of those sentenced to death.

Procedure for Commutation

The condemned person or the head of the prison system may file a petition for commutation.
The prisoner undergoes social, psychological, and psychiatric examinations to determine their degree of involvement in the crime.
The petition is forwarded to the Board of Pardons and Parole with reports of examinations and recommendations.
The Board deliberates on a recommendation after a careful study of the papers.

Description

Test your knowledge about the concept of pardon and executive clemency, specifically focusing on the form of executive clemency exercised by the Chief Executive. Learn about the legal basis and discretionary nature of the pardoning power.