Below is an extensive discussion of the presidential power to grant pardons for murder convictions in the Philippines. This overview covers the legal foundations, procedures, scope, limitations, and relevant considerations under Philippine law. Please note that this text is for informational purposes and does not constitute legal advice.

1. Constitutional Basis

1.1. 1987 Philippine Constitution, Article VII, Section 19

Under the 1987 Constitution, the President’s power to grant executive clemency (which includes pardons, commutations, and reprieves) is stated in Article VII, Section 19. This provision reads:

“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.”

The Constitution thus explicitly vests in the President broad discretionary authority to forgive criminal penalties and release individuals from the remaining consequences of their convictions—murder convictions included—provided those convictions have attained finality (i.e., final judgment by a court).

1.2. Exceptions to the Power

Impeachment cases: The Constitution does not allow the President to grant clemency to public officials convicted in impeachment trials.
Election offenses: For offenses related to elections, the President must have the favorable recommendation of the Commission on Elections (COMELEC) prior to granting a pardon. (Article IX-C, Section 5 of the Constitution)

However, for most other offenses, including murder, the President has wide latitude in granting pardons once a court’s ruling is final.

2. Types of Executive Clemency

Under Philippine law, the general forms of executive clemency include:

Pardon
- Absolute Pardon: Completely extinguishes the penalty imposed by the court and restores certain civil and political rights (e.g., the right to vote, hold public office).
- Conditional Pardon: Subject to specific conditions set by the President. Violation of these conditions can lead to the revocation of the pardon.
Commutation of Sentence
- This is the reduction of the penalty (e.g., a reduction of a sentence from life imprisonment to a specified term of years).
Reprieve
- A temporary postponement of the execution of a sentence (e.g., delaying a death penalty imposition back when the Philippines had capital punishment).
Remission of Fines and Forfeitures
- The President may remit financial penalties and forfeitures imposed by courts.

When discussing murder convictions, a “pardon” typically means the conviction remains on record, but the convict is forgiven either entirely (absolute pardon) or subject to conditions (conditional pardon). Commutation is more common where the penalty is reduced but not entirely eradicated.

3. Governing Laws and Regulations

Administrative Code of 1987
The Administrative Code affirms the President’s power to grant pardons, consistent with the Constitution.
Revised Penal Code
While the Revised Penal Code (RPC) establishes penalties for crimes—including murder—no provision in the RPC restricts the President’s power to pardon those crimes. Once the judicial process is complete and the decision is final, the President’s constitutional authority to pardon supersedes.
Board of Pardons and Parole (BPP)
- Executive Clemency Rules: The BPP, under the Department of Justice, recommends the granting of executive clemency. Although the President is not legally bound to follow its recommendations, in practice, the BPP conducts evaluations and forwards its advice to the Office of the President.
- Procedures and Criteria: The BPP sets guidelines for when inmates may apply for pardon (e.g., after a certain minimum period served, demonstration of good conduct, and other factors).

4. Procedure for Seeking a Presidential Pardon for Murder

Final Judgment of Conviction: A murder conviction must be final and executory; appeals must have been resolved or abandoned.
Application: The convict (or counsel on their behalf) typically submits an application for executive clemency to the Board of Pardons and Parole.
Evaluation by the Board of Pardons and Parole:
- Review of Conduct and Circumstances: The BPP looks into the convict’s behavior during incarceration, efforts at rehabilitation, the gravity of the offense, and whether there are any compelling humanitarian or equitable grounds (e.g., advanced age, terminal illness).
- Gathering of Records: The BPP collects records from the correctional facility, court documents, and other information to assess the convict’s suitability for clemency.
Recommendation: The BPP forwards a recommendation to the Office of the President (though the President may also act independently).
Presidential Decision: The President exercises discretion to grant or deny the application. If granted:
- Absolute Pardon: Immediately restores certain civil and political rights and releases the convict from serving any remaining sentence.
- Conditional Pardon: Usually has conditions such as not committing another crime or complying with orders from relevant authorities.

5. Effects of an Absolute Pardon on Murder Convictions

Restoration of Liberty: The individual is freed from incarceration or further penalty if still serving time.
Civil and Political Rights: Absolute pardon often restores rights such as voting and eligibility to run for public office. However, some legal interpretations consider whether the pardon explicitly states the restoration of rights.
Criminal Record: While pardon forgives the punishment, the fact of conviction is typically not expunged from the record. The Supreme Court of the Philippines has clarified that while an absolute pardon obliterates the legal penalties and disqualifications attached to the conviction, it does not automatically erase the historical fact of guilt.

6. Limitations and Considerations

No Pardon Before Final Judgment: The President can only act after the courts have rendered a final judgment in the case.
Non-Delegable Power: The presidential power to pardon is personal to the President and cannot be delegated to any other official. The Board of Pardons and Parole may advise, but the President must sign the grant of clemency.
Public Policy Concerns: Granting executive clemency for serious offenses like murder can be politically sensitive. The President is often mindful of public opinion, the interests of victims and their families, and broader policy considerations, particularly concerning recidivism and justice system credibility.
Possibility of Revocation in Conditional Pardons: If the beneficiary of a conditional pardon violates any of the conditions imposed, the pardon may be revoked, and the original penalty re-imposed.
Role of Victims’ Families: Although not strictly required by law, in practice, the Board of Pardons and Parole may consider the sentiments and statements of the victim’s family as part of its evaluation. However, the President is not legally bound by those views.

7. Parole vs. Pardon: Key Distinctions

Parole: This is administered by the Board of Pardons and Parole and allows a prisoner to serve the remainder of their sentence under community supervision, subject to good behavior and compliance with parole conditions. Parole does not “forgive” or nullify the conviction; it merely changes the mode of serving the sentence.
Pardon: Issued directly by the President, a pardon (especially an absolute pardon) is an act of grace extinguishing the penalty or punishment, either wholly (absolute) or partially/conditionally. Unlike parole, it is not an extension or modification of the sentence—it is effectively a discretionary forgiveness of the sentence itself.

8. Historical and Notable Instances

Over the years, different presidents have granted pardons in high-profile murder cases, often sparking debate about:

Motives: Allegations of political bias or influence sometimes surface.
Justice vs. Mercy: Tension arises between the desire for retribution for heinous crimes and the constitutional prerogative for mercy.
Rehabilitation: Some argue that long-term inmates convicted of murder may demonstrate genuine rehabilitation and thus become suitable for clemency.

While specific examples vary by administration, the controversy typically underscores that the pardon power, though constitutional, must balance the pursuit of justice with compassion, rehabilitation, and national interest.

9. Controversies and Legal Debates

Political Considerations: Critics sometimes argue that pardons may be granted based on political connections rather than purely rehabilitative or humanitarian grounds.
Checks and Balances: Although the Constitution gives broad powers to the President, some sectors call for stricter guidelines or additional legislative oversight to prevent abuses.
Transparency: Public pressure can push for greater disclosure of clemency application processes and the reasons underlying the President’s final decision, especially where heinous crimes like murder are concerned.

10. Conclusion

In the Philippines, presidential pardon is a robust constitutional mechanism allowing the President to extend mercy in criminal cases—including murder—after final judicial conviction. Rooted in Article VII, Section 19 of the 1987 Constitution, it is part of the broader suite of executive clemency powers. Although subject to few explicit legal limitations, the exercise of this power in murder cases is often scrutinized for fairness, humanitarian considerations, and consistency with public interests.

When granting a pardon for murder, the President typically considers factors such as the convict’s conduct in prison, the nature and gravity of the offense, and any humanitarian grounds. The Board of Pardons and Parole assists by evaluating applications and advising the President, yet the final decision is within the Chief Executive’s sole prerogative.

In essence, while the Philippine Constitution allows the President wide authority to forgive murder convictions, that authority coexists with public and political pressures calling for measured, transparent, and judicious use of the power.