Forms of Executive Clemency | Pardoning Power | Powers of the President | EXECUTIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

6. Pardoning Power

The pardoning power is a key aspect of the executive authority vested in the President of the Philippines. This power allows the President to extend clemency to individuals convicted of crimes, mitigating the consequences of criminal liability. It is primarily provided for under Article VII, Section 19 of the 1987 Philippine Constitution, which states:

"Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress."

This provision delineates the scope, limitations, and forms of executive clemency, which includes reprieves, commutations, pardons, remission of fines and forfeitures, and amnesty.

Forms of Executive Clemency

1. Pardon

   • Definition: A pardon is an act of grace proceeding from the power entrusted with the execution of laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime they have committed.

   • Types of Pardon:

     • Absolute Pardon: This fully extinguishes the criminal liability of the individual, effectively absolving them from the legal consequences of the offense and restoring their civil and political rights. However, an absolute pardon does not erase the fact of conviction.
     • Conditional Pardon: This imposes certain conditions upon the grantee, which, if violated, can result in the revocation of the pardon and restoration of the original penalty.

   • Requirements and Effects:

     • A pardon can only be granted after final conviction by a court of law.
     • A pardon does not extinguish civil liability unless expressly stipulated. Civil liabilities to private complainants may still be enforced.
     • In cases of absolute pardon, the grantee’s eligibility for reemployment in government service or for candidacy for public office is restored, provided that the pardon explicitly states so. However, the grantee must still seek judicial clearance or certification of their restored rights for specific purposes like running for office or being appointed to a government position.

2. Commutation

   • Definition: Commutation refers to the reduction or alteration of the penalty to a lesser form. It is not a forgiveness of the crime but a mitigation of the sentence.
   • Application: The President may reduce a sentence (e.g., from death to life imprisonment or from life imprisonment to a determinate number of years). This is often applied in cases where the original penalty is deemed excessively harsh or when there are compelling humanitarian reasons.
   • Effects: It alters the penalty but does not extinguish the underlying conviction or civil liability. Like pardons, it applies after final conviction.

3. Reprieve

   • Definition: A reprieve is a temporary postponement of the execution of a sentence, typically granted to allow the courts or the executive branch time to review the case for clemency or to resolve appeals.
   • Scope: This is typically applied in cases where the sentence is severe, such as the death penalty (when it was still in effect), and is used as a temporary relief, pending a review or petition for clemency.
   • Effects: A reprieve delays the execution of the penalty but does not alter or reduce the sentence. It is a temporary measure of relief.

4. Remission of Fines and Forfeitures

   • Definition: The remission of fines or forfeitures refers to the cancellation or reduction of monetary penalties or the return of property seized by the government as part of a criminal conviction.
   • Application: The President can remit fines or forfeitures wholly or partially, thereby lessening the financial burden imposed on the convict.
   • Effects: Like a reprieve, it does not extinguish the criminal liability or civil obligations stemming from the offense, unless explicitly provided.

5. Amnesty

   • Definition: Amnesty is a more extensive form of clemency than pardon, as it applies to classes or categories of individuals, typically those involved in political crimes like rebellion or sedition. It results in the obliteration of the offense and its effects, treating the act as if it never occurred.
   • Concurrence of Congress: The President cannot grant amnesty unilaterally. It requires the concurrence of a majority of all Members of Congress. This distinguishes amnesty from pardon, which is an exclusive presidential prerogative.
   • Effects: Amnesty extinguishes the crime itself and its legal consequences, including criminal and civil liabilities, as though no offense was committed.

Limitations on the Pardoning Power

1. Conviction by Final Judgment: The Constitution mandates that clemency can only be granted after conviction by final judgment, except in the case of amnesty, which can be applied to those who have not yet been convicted. This requirement is a safeguard to ensure that the judicial process has fully determined guilt before the executive intervenes.

2. Impeachment: The President’s pardoning power does not extend to cases of impeachment. Public officials impeached and convicted by the Senate cannot be pardoned by the President. This is to preserve the constitutional balance of powers and the accountability of public officials.

3. No Power to Pardon Electoral Offenses (Election Code): The Omnibus Election Code (Batas Pambansa Blg. 881) prohibits the President from pardoning individuals convicted of electoral offenses, except upon the recommendation of the Commission on Elections (COMELEC). This limitation underscores the importance of safeguarding the integrity of the electoral process.

Judicial Review and Pardoning Power

The Supreme Court has ruled consistently that the exercise of the pardoning power by the President is not subject to judicial review, except in cases where it can be shown that the President acted with grave abuse of discretion amounting to lack or excess of jurisdiction. In the landmark case of Monsanto v. Factoran (G.R. No. 78239, February 9, 1989), the Supreme Court clarified that executive clemency does not automatically erase the conviction but removes the penalty and restores civil rights in cases of absolute pardon.

Conclusion

The pardoning power of the President is a critical aspect of the Executive Department’s authority, serving as a means to temper the rigors of law with mercy. The Constitution provides clear forms of clemency, each with distinct legal consequences, from full forgiveness (absolute pardon) to temporary relief (reprieve) or the complete obliteration of criminal liability (amnesty). This power, however, is circumscribed by constitutional limits to ensure that it is exercised judiciously and in a manner consistent with public interest and justice.