Pardoning Power of the President: Scope and Limitations

The pardoning power is one of the executive powers granted to the President under the 1987 Constitution of the Republic of the Philippines. This power is embodied in Article VII, Section 19 of the Constitution, which provides:

“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.”

This provision provides a broad authority to the President to intervene in criminal convictions, with certain specific exceptions and limitations.

I. Scope of the Pardoning Power

Types of Clemency The pardoning power includes the following forms of executive clemency:
- Pardon: This is the most commonly known form of clemency. It may be absolute (unconditional) or conditional, and it results in the full or partial remission of the legal consequences of a conviction.
  - Absolute Pardon: Fully extinguishes the criminal liability of the individual and restores his civil and political rights, although it does not restore property rights forfeited under the conviction.
  - Conditional Pardon: This pardon is subject to certain conditions, which, if violated, may result in the restoration of the original penalty.
- Commutation of Sentence: A reduction of the length of a sentence without absolving the underlying conviction.
- Reprieve: A temporary postponement of the execution of a sentence, typically used in death penalty cases.
- Remission of Fines and Forfeitures: The President may remit fines and forfeitures imposed as part of a criminal conviction, essentially reducing or eliminating financial penalties.
After Conviction by Final Judgment The exercise of the pardoning power can only be done after conviction by final judgment. This means:
- A pardon or other forms of clemency cannot be granted before a person is convicted by a court of law.
- The judicial process must be completed, and the judgment must have attained finality, meaning there can no longer be any appeal or motion for reconsideration available to the convicted individual.
Note: A pardon does not imply that the President finds the individual innocent; it is an act of grace, not a judicial act.
No Power to Pardon Administrative Offenses The pardoning power of the President extends only to criminal offenses. It cannot be exercised over administrative cases or penalties. This is a distinction upheld in various Supreme Court rulings, emphasizing that administrative penalties (such as those imposed on government officials) are outside the scope of the pardoning power.
Effect on Civil and Political Rights
- In cases of absolute pardon, the criminal liability is fully extinguished, and the individual's civil and political rights are restored. However, the restoration of property rights is not automatic, as this would require a separate legal process.
- A conditional pardon does not restore civil and political rights until all conditions are fulfilled.

II. Limitations of the Pardoning Power

Impeachment Cases The President cannot grant pardon in cases of impeachment. This is explicitly provided in the Constitution to prevent the President from using the power of pardon to protect impeached officials, including the President himself or herself, from removal from office.

Impeachment is a political process that applies to high-ranking officials such as the President, Vice President, Justices of the Supreme Court, Members of the Constitutional Commissions, and the Ombudsman. The prohibition aims to maintain the integrity of the impeachment process.
Cases of Legislative Contempt The President cannot pardon individuals found in contempt by the legislative body (Congress). The power of contempt is a necessary function of legislative investigations in aid of legislation, and allowing pardon in these cases would undermine legislative authority.
Effect on Private Rights A pardon does not affect the civil liability of the individual. Criminal convictions often come with both criminal and civil liability (e.g., damages to the victim). While the President can pardon the criminal aspect of the case, the pardon does not extinguish civil liabilities arising from the criminal offense, such as payment for damages to the victim or restitution.
Non-Retroactivity Pardon operates prospectively and does not change the facts of the case. It cannot change the status of a conviction that occurred before the pardon was granted. The pardon simply erases the continuing legal effects of the conviction.
Cases Involving Election Laws Under the Omnibus Election Code, the President cannot pardon an offense related to elections unless there is a favorable recommendation from the Commission on Elections (COMELEC). This safeguard ensures that the independence and integrity of the electoral process are upheld.
Limited to Criminal Offenses As previously mentioned, the President's pardoning power applies only to criminal offenses. It cannot be used to affect administrative sanctions, civil cases, or other non-criminal liabilities.
No Pardon for Future Crimes The President cannot grant pardon for crimes not yet committed. The power is exercised only after a conviction for a criminal act that has already occurred and been adjudicated.

III. Judicial Review of the Pardoning Power

The general rule is that the pardoning power is discretionary and cannot be questioned by the courts. However, the Supreme Court has occasionally reviewed the exercise of the pardoning power under specific circumstances where there is an allegation of grave abuse of discretion.

For example, if the exercise of the pardoning power is manifestly contrary to law or used in a manner that violates constitutional limits (e.g., pardoning someone for an impeachable offense), the courts may intervene through a petition for certiorari under Rule 65 of the Rules of Court. However, this is an exceptional remedy and requires showing that the executive acted in a way that was capricious, arbitrary, or oppressive.

IV. Notable Case Law

Monsanto v. Factoran (G.R. No. 78239, February 9, 1989): In this case, the Supreme Court ruled that an absolute pardon restores civil and political rights but does not automatically reinstate property rights that were forfeited as part of the conviction. The forfeiture must be the subject of separate judicial proceedings to restore the property rights.
Llamas v. Executive Secretary (G.R. No. 99031, October 15, 1991): The Supreme Court emphasized that a conditional pardon requires strict compliance with the conditions set forth. If the conditions are violated, the pardon may be revoked, and the original penalty may be re-imposed.
Garcia v. The Executive Secretary (G.R. No. 157584, April 2, 2009): This case clarified that the pardoning power applies only after final conviction and that the President cannot intervene in the judicial process prior to a final judgment.

V. Policy Considerations

The rationale behind the pardoning power is that it serves as a check on the judiciary and provides a humanitarian safety valve in the criminal justice system. It allows the President to address situations where justice may not have been fully served due to rigid application of the law, errors in judgment, or evolving societal norms.

However, the pardoning power is also a sensitive tool that must be exercised with caution, as it could be perceived as undermining the rule of law if used excessively or for political reasons.

Conclusion

The pardoning power of the President is a significant executive function that provides a degree of flexibility within the criminal justice system. While broad, it is subject to key constitutional limitations to prevent abuses and to preserve the separation of powers among the branches of government. The scope of this power is expansive, but the President must wield it with judicious consideration of its consequences on both public order and private rights.