Absolute Pardon under Criminal Law
Absolute pardon refers to the complete and unconditional forgiveness granted by the Chief Executive (President in the Philippines) to a person convicted of a crime. It is a sovereign act of mercy that totally extinguishes the criminal liability of the offender. This form of pardon is explicitly provided for under Article VII, Section 19 of the 1987 Philippine Constitution, which grants the President the exclusive power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment, except in cases of impeachment.
Key Features of Absolute Pardon
Nature and Effect:
- Absolute pardon erases the effects of the conviction, including the principal penalty and accessory penalties.
- It restores the individual’s civil and political rights, such as the right to vote and the right to hold public office, unless the pardon explicitly states otherwise.
Scope of Coverage:
- It applies only after final judgment. An absolute pardon cannot be granted to a person whose case is still pending in court or where judgment is not yet final.
- It covers the total extinction of criminal liability, including imprisonment and fines.
Conditions:
- Unlike conditional pardon, absolute pardon is not subject to any conditions. It is unconditional and irrevocable once granted.
- There are no further obligations imposed on the grantee after its issuance.
Purpose:
- It serves as a measure of grace to alleviate the harshness of the law when justice, equity, or compassion demands it.
- It is often granted in cases of wrongful conviction, extraordinary rehabilitation, or acts of exceptional public service by the offender after serving the sentence.
Effects of Absolute Pardon
On Civil Rights:
- Absolute pardon restores civil rights forfeited as a result of the conviction, such as:
- The right to vote (disenfranchisement due to conviction is lifted).
- The right to hold public office.
- The right to practice a profession (e.g., the practice of law for lawyers).
- Absolute pardon restores civil rights forfeited as a result of the conviction, such as:
On Criminal Records:
- While absolute pardon extinguishes criminal liability, it does not necessarily erase the record of conviction. The pardon does not operate as an acquittal or expunction of criminal records unless explicitly stated by law.
On Pending Civil Liabilities:
- The pardon does not affect the offender’s civil liabilities arising from the offense (e.g., indemnity, restitution, or damages to the aggrieved party).
On Employment Disqualification:
- A person who has been absolutely pardoned is no longer disqualified from seeking employment in government or private sectors, unless otherwise specified in the pardon.
Distinction from Conditional Pardon
| Absolute Pardon | Conditional Pardon |
|---|---|
| Total extinction of criminal liability. | Partial extinction of criminal liability. |
| No conditions imposed on the grantee. | Subject to compliance with conditions. |
| Irrevocable once granted. | Revocable if conditions are violated. |
| Restores all civil and political rights. | May not necessarily restore all rights. |
Legal and Practical Considerations
Authority to Grant:
- The President exercises discretion in granting absolute pardon, subject to procedural guidelines set forth by the Board of Pardons and Parole (BPP).
Application Process:
- The convicted individual or a representative submits an application for pardon to the BPP.
- The BPP evaluates the application based on factors such as:
- Nature and gravity of the offense.
- Conduct of the offender while serving the sentence.
- Time served and evidence of rehabilitation.
- The BPP makes a recommendation to the President, who has the final say.
Impeachment Exception:
- Absolute pardon cannot be granted in cases of impeachment. Public officials removed by impeachment cannot be pardoned for offenses related to their impeachment.
Judicial Review:
- The grant of absolute pardon is generally not subject to judicial review, being a political question. Courts cannot question the wisdom or propriety of the President’s exercise of this power.
Relevant Jurisprudence
Monsanto v. Factoran Jr. (G.R. No. 78239, February 9, 1989):
- Absolute pardon obliterates the conviction and restores the grantee to full civil and political rights.
- However, it does not automatically entitle the pardoned individual to reinstatement to a former position or employment.
In Re: Lontok (43 Phil. 293):
- Absolute pardon restores the capacity to practice a profession but does not nullify the conviction itself. The record of conviction may still stand.
Garcia v. Chairman, COA (G.R. No. 75050, January 30, 1989):
- Pardon does not absolve a public officer of administrative liabilities unless explicitly stated in the pardon.
People v. Salle (G.R. No. 103567, May 28, 1993):
- Pardon granted after conviction does not preclude the court from imposing civil liability related to the crime.
Practical Applications
- Rehabilitation of Offenders: Absolute pardon provides an opportunity for reformed individuals to reintegrate into society without the stigma of their conviction.
- Political Implications: It is sometimes used for political reconciliation or to address historical injustices.
- Presidential Discretion: While its use is subject to abuse, the constitutional mandate ensures the exclusivity of this power to the Executive.
Absolute pardon is a profound expression of mercy and justice, balancing the rigidity of the law with compassion and equity. Its proper exercise reflects the society’s commitment to rehabilitation and the reintegration of individuals into the community.