Conditional Pardon [Act No. 1524] | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Conditional Pardon under Philippine Law (Act No. 1524)

Legal Framework

A conditional pardon is an act of clemency granted by the President of the Philippines, which extinguishes criminal liability partially by imposing certain conditions that the grantee must fulfill. This is a mechanism recognized under Act No. 1524 and Article VII, Section 19 of the 1987 Constitution, where the President has the exclusive power to grant pardons, subject to conditions deemed appropriate.

This clemency is subject to the rules laid out in Book One of the Revised Penal Code and further elaborated upon in jurisprudence and executive issuances. Conditional pardons aim to balance clemency with public safety and the rehabilitation of offenders.

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Key Elements of Conditional Pardon

1. Nature:

   • A conditional pardon is not an absolute extinguishment of criminal liability. Instead, it suspends or alleviates the penal consequences based on the compliance with specified conditions.
   • It operates prospectively, meaning the pardon becomes effective only upon acceptance and fulfillment of the conditions by the offender.

2. Authority to Grant:

   • Under Article VII, Section 19 of the Constitution, the President exercises the power to grant pardons. This power includes the discretion to impose conditions.
   • The grant of a conditional pardon cannot be questioned, as it is a political act within the exclusive domain of the Executive.

3. Conditions:

   • The conditions attached to a pardon must be lawful, reasonable, and possible to fulfill.
   • Common conditions include:
     • Good behavior and compliance with laws during the probationary period.
     • Reporting regularly to an agency or authority.
     • Prohibition from engaging in specific activities or visiting certain areas.

4. Acceptance by the Offender:

   • A conditional pardon requires the express acceptance of the offender for it to take effect. The grantee must agree to the terms imposed.
   • If the offender refuses to accept the conditions, the pardon is deemed ineffective.

5. Revocation for Non-Compliance:

   • If the offender violates the conditions of the pardon, the President has the power to revoke the pardon.
   • Upon revocation, the offender may be required to serve the unexpired portion of their original sentence.

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Effects of a Conditional Pardon

1. Partial Extinction of Criminal Liability:

   • A conditional pardon mitigates or partially extinguishes the penalty imposed by the court but does not erase the crime itself. The civil liabilities arising from the crime remain enforceable.
   • The offender is not fully restored to their status prior to conviction unless explicitly stated in the pardon.

2. Retention of Disqualifications:

   • The pardon does not automatically remove the accessory penalties, such as perpetual disqualification from public office or loss of political rights, unless expressly included in the terms.

3. No Automatic Reinstatement:

   • A person conditionally pardoned does not regain public employment, offices, or licenses by mere virtue of the pardon unless these are specifically addressed by the conditions of the clemency.

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Procedures for Conditional Pardon

1. Application:

   • The convict or their representative submits a petition for clemency to the Board of Pardons and Parole (BPP). The petition includes:
     • A certificate of good conduct issued by the Bureau of Corrections or relevant authority.
     • Evidence of rehabilitation and capacity to comply with the conditions.

2. Recommendation:

   • The BPP evaluates the application and forwards its recommendation to the President. This recommendation is not binding but serves as a critical advisory document.

3. Grant by the President:

   • The President issues the conditional pardon through an executive clemency document outlining the terms of the pardon and the specific conditions to be fulfilled.

4. Monitoring and Compliance:

   • The parole authorities or other designated agencies oversee the compliance of the grantee with the terms of the pardon.

5. Revocation Proceedings:

   • If the conditions are violated, the responsible agency reports the violation to the President, who may issue an order to revoke the pardon. The grantee is then subject to re-arrest and reincarceration.

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Jurisprudence

1. People v. Crisola (G.R. No. L-43627, February 25, 1982):

   • Affirmed that a conditional pardon does not remove the crime’s stigma unless explicitly specified.
   • Violations of conditions result in the reimposition of the original penalty.

2. Torres v. Gonzales (G.R. No. 117415, October 4, 1996):

   • Highlighted that the acceptance of the conditional pardon binds the offender to comply fully with its terms, and failure to do so is tantamount to forfeiting its benefits.

3. Monsanto v. Factoran (G.R. No. L-55166, May 9, 1989):

   • Clarified that pardons, conditional or otherwise, do not automatically erase the accessory penalties unless explicitly stated.

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Summary

Conditional pardons under Philippine law are a mechanism for partial extinction of criminal liability. They:

• Require presidential discretion and offender acceptance.
• Impose conditions that must be strictly followed to avoid revocation.
• Retain civil liabilities and other consequences unless explicitly pardoned.

These pardons serve a dual purpose of mitigating justice with mercy while ensuring the offender remains accountable and rehabilitated.