Pardon and Executive Clemency Quiz

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.