Pardon; Its Effect
On Criminal Law
Effects of Pardon
ART.36
NOTES:
Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. Nor does it exempt one from civil liability or from payment of civil indemnity
Limitations to President’s power to pardon:
- can be exercised only after final judgment
- does not extend to cases of impeachment
- does not extinguish civil liability – only criminal liability
General Rule: Pardon granted in general terms does not include accessory penalties.
Exceptions:
1. if the absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction. However, if the penalty is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute perpetual disqualification.
2. if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will
Pardon by the offended party – does not extinguish criminal liability; may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both offenders.
ART.36
NOTES:
Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. Nor does it exempt one from civil liability or from payment of civil indemnity
Limitations to President’s power to pardon:
- can be exercised only after final judgment
- does not extend to cases of impeachment
- does not extinguish civil liability – only criminal liability
General Rule: Pardon granted in general terms does not include accessory penalties.
Exceptions:
1. if the absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction. However, if the penalty is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute perpetual disqualification.
2. if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will
Pardon by the offended party – does not extinguish criminal liability; may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both offenders.
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