d. Absolute Pardon

Absolute Pardon

Concept

A pardon does not, by itself, restore the right to hold public office or the right of suffrage, and does not remove the obligation to pay civil indemnity imposed by the sentence. (Art. 36, Revised Penal Code)¹

Governing provisions

Article 36 governs two effects of pardon: political rights must be expressly restored by its terms, while payment of civil indemnity remains due in all cases. Article 40 separately addresses the accessory penalties attached to a death penalty not executed because of commutation or pardon. (Art. 36, Revised Penal Code)¹ (Art. 40, Revised Penal Code)²

Requisites / Rules

• Public office and suffrage. Read the terms of the pardon. Neither right is restored unless the pardon expressly restores it. (Art. 36, Revised Penal Code)¹
• Civil indemnity. A pardon never exempts the culprit from paying the civil indemnity imposed by the sentence. (Art. 36, Revised Penal Code)¹
• Unexecuted death penalty. If the death penalty is not executed because of pardon or commutation, perpetual absolute disqualification and civil interdiction during the thirty years following the date of sentence remain, unless expressly remitted in the pardon. (Art. 40, Revised Penal Code)²

Distinctions

Distinguish a pardon under Article 36 from pardon by the offended party. The latter does not extinguish criminal action except as provided in Article 344; an express waiver by the injured party extinguishes civil liability as to that party’s interest. These are different questions from whether the terms of a pardon restore public office or suffrage. (Art. 23, Revised Penal Code)³ (Art. 36, Revised Penal Code)¹

Key doctrines

In Risos-Vidal v. COMELEC, the Court stated that a plenary pardon or amnesty may restore the political rights of a person convicted by final judgment so that the person may run for and hold public office. Apply that doctrine together with Article 36’s direction to examine whether the pardon expressly restores the rights at issue. (Risos-Vidal v. Commission on Elections and Joseph Ejercito Estrada, G.R. No. 206666, 21 January 2015)⁴ (Art. 36, Revised Penal Code)¹

Exceptions

Express language matters. Article 36 permits restoration of the right to hold public office and the right of suffrage when the pardon expressly provides for it. Article 40 likewise permits express remission in the pardon of the accessory penalties it identifies. Neither provision makes an exception to Article 36’s rule on payment of civil indemnity. (Art. 36, Revised Penal Code)¹ (Art. 40, Revised Penal Code)²

Bar tip

In a pardon problem, check the precise rights or accessory penalties expressly addressed in the pardon, then treat civil indemnity separately. Do not assume that pardon alone restores public office or suffrage. (Art. 36, Revised Penal Code)¹ (Art. 40, Revised Penal Code)²