7/25/2019 Pardon and Amnesty Reviewer
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What is Pardon?
Pardon is an act of grace which exempts individual on whom it
isbestowed from punishment which the law inicts for a crime he
hascommitted. As a consequence, pardon granted after conviction
frees theindividual from all the penalties and legal disabilities
and restores him to all
his civil rights. But unless expressl grounded on the person!s
innocence"which is rare#, it cannot bring bac$ lost reputation for
honest, integritand fair dealing. (Monsanto v. Factoran, G.R. No.
78239, Feb. 9, 1989)
%& NOTE: Because pardon is an act of grace, no legal power
can compel
the President to give it. 'ongress has no authorit to limit the
e(ectsof the President!s pardon, or to exclude from its scope an
class ofo(enders. 'ourts ma not inquire into the wisdom or
reasonablenessof an pardon granted b the President.
What are the $inds of Pardon?1. Absolute pardon ) one extended
without an conditions*
&.ond!t!onal pardon ) one under which the convict is
required tocompl with certain requirements*
+. "lenar# pardon ) extinguishes all the penalties imposed upon
theo(ender, including accessor disabilities partial pardon does
notextinguish all penalties*
. "art!al pardon $ does not extinguish all the penalties.
What is Amnest?
-t is a grant of general pardon to a class of political o(enders
either
after conviction or even before the charges are led. -t is the
form of
executive clemenc which under the 'onstitution ma be granted b
the
President onl with the concurrence of the legislature.
Distinguishing Amnesty and Pardon
AMNESTY PARDON
Addressed to Political o(enses Addressed to /rdinar o(enses
0ranted to a 'lass of Persons 0ranted to -ndividuals
1equires concurrence of ma2orit of allmembers of 'ongress
3oes not require concurrence of'ongress
Public act to which the court ma ta$e2udicial notice of
Private act which must be pleaded andproved
4oo$s bac$ward and puts to oblivion theo(ense itself
4oo$s forward and relieves the pardoneeof the consequence of the
o(ense
5a be granted before or afterconviction
/nl granted after conviction b nal2udgment
