Political and Public International Law › Executive Department › Powers of the President

6. Pardoning Power

Amnesty v. Pardon

AMNESTY PARDON
Political Offenses Ordinary Offenses
To a class of persons To individuals
Need not be accepted Must be accepted
Requires concurrence of majority of all members of Congress No need for Congressional Concurrence
A public act; subject to judicial notice Private act of President; it must be proved
Extinguishes the offense Only penalties are extinguished; May or may not restore political rights; Absolute pardon restores; Conditional, does not. Civil indemnity is not extinguished
May be granted before or after conviction Only granted after conviction by final judgment

CANNOT BE GRANTED:

  • The President cannot grant a pardon in cases of impeachment. A separate criminal offense connected with an impeachment may be pardoned only after conviction by final judgment.

The President can pardon criminal offenses after an impeachment proceeding such as what happened in 2007 when President Arroyo pardoned former President Estrada after having been convicted by the Sandiganbayan of plunder.

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, Jan. 21, 2015).

  • For violations of election laws, rules, and regulations, the President may grant pardon, amnesty, parole, or suspension of sentence only upon the favorable recommendation of the COMELEC.
  • Granted only after conviction by final judgment. (People. v. Salle, G.R. No. 103567, Dec. 4, 1995)

Application of Pardoning Powers to Administrative Cases

  • If the President can grant reprieves, commutations and pardons, and remit fines and forfeitures in criminal cases, with much more reason can she grant executive clemency in administrative cases, which are clearly less serious than criminal offenses.
  • However, this is limited only to administrative cases in the Executive branch [Llamas v. Executive Secretary, G.R. No. 99031 (1991)].

Authorities

  • 1987 Constitution
  • Llamas v. Executive Secretary Oscar Orbos, G.R. No. 99031, 15 October 1991
  • People v. Salle, G.R. No. 103567, 4 December 1995
  • Risos-Vidal v. COMELEC, G.R. No. 206666, 21 January 2015