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

a. Scope and Limitations

General Exceptions to Executive Clemencies

  • In case of impeachment; and
  • As otherwise provided in this Constitution, e.g. for election offenses: No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation by the Commission on Elections [Article IX-C, Section 5, 1987 Constitution].
  • In cases of legislative and civil contempt
  • Before conviction by final judgment (except amnesty)
  • Without the concurrence of a majority of all the Members of Congress (in case of amnesty) [Article VII, Section 19, 1987 Constitution]

Authorities

  • 1987 Constitution, Art. IX, Sec. 5