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What is Pardon?

Pardon is an act of grace which exempts individual on whom it is


bestowed from punishment which the law inflicts for a crime he has
committed. As a consequence, pardon granted after conviction frees the
individual from all the penalties and legal disabilities and restores him to all
his civil rights. But unless expressly grounded on the persons innocence
(which is rare), it cannot bring back lost reputation for honesty, integrity
and fair dealing. (Monsanto v. Factoran, G.R. No. 78239, Feb. 9, 1989)
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2 NOTE: Because pardon is an act of grace, no legal power can compel
the President to give it. Congress has no authority to limit the effects
of the Presidents pardon, or to exclude from its scope any class of
offenders. Courts may not inquire into the wisdom or reasonableness
of any pardon granted by the President.
What are the kinds of Pardon?
1. Absolute pardon one extended without any conditions;
2.Conditional pardon one under which the convict is required to
comply with certain requirements;
3. Plenary pardon extinguishes all the penalties imposed upon the
offender, including accessory disabilities partial pardon does not
extinguish all penalties;
4. Partial pardon does not extinguish all the penalties.
What is Amnesty?
It is a grant of general pardon to a class of political offenders either
after conviction or even before the charges are filed. It is the form of
executive clemency which under the Constitution may be granted by the
President only with the concurrence of the legislature.
Distinguishing Amnesty and Pardon
AMNESTY
Addressed to Political offenses
Granted to a Class of Persons
Requires concurrence of majority of all
members of Congress
Public act to which the court may take
judicial notice of
Looks backward and puts to oblivion the
offense itself
May be granted before or after
conviction

PARDON
Addressed to Ordinary offenses
Granted to Individuals
Does not require concurrence of
Congress
Private act which must be pleaded and
proved
Looks forward and relieves the pardonee
of the consequence of the offense
Only granted after conviction by final
judgment