2015 Criminal Law, Q6

Senator Adamos was convicted of plunder. About one year after beginning to serve his sentence, the President of the Philippines granted him absolute pardon. The signed pardon states: “In view hereof, and in pursuance of the authority vested upon me by the Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and upon whom the penalty of reclusion perpetua was imposed.” He now comes to you for advice. He wants to know if he could run for senator in the next election.
a) What advice will you give Adamos? Explain. (2.5%)
b) Assuming that what Adamos committed was heading a rebellion for which he was imposed the same penalty of reclusion perpetua, and what he received was amnesty from the government, will your answer be the same? Explain. (2.5%)

Quick check

What is required under Article 36 of the RPC for a presidential pardon to restore the right to hold public office?

What accessory penalty is automatically attached to the principal penalty of reclusion perpetua under Article 41 of the RPC?

How does an act of amnesty differ from a presidential pardon in terms of legal effect under Article 89 RPC?

Why is Senator Adamos disqualified from running for senator after receiving the absolute pardon?

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What requirement is necessary for a grant of amnesty to become valid and effective under the Constitution?

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1. Absolute Pardon Limitations
Under Article 36 and Article 41 of the Revised Penal Code, a pardon granted by the President restores political rights and remits accessory penalties only when such restoration or remission is expressly granted in the terms of the pardon. Reclusion perpetua carries the accessory penalty of perpetual absolute disqualification, which deprives the convict of the right to vote and run for public office. Unless the presidential pardon explicitly states that the right to hold public office is restored or perpetual disqualification is remitted, the pardoned individual remains legally disqualified from running for elective public office.

2. Effects of Amnesty
Under Article 89 of the Revised Penal Code and established jurisprudence, amnesty is an act of sovereign power granted for political offenses such as rebellion. Unlike a pardon, which merely forgives the penalty, amnesty completely looks backward and abolishes the offense itself. It obliterates all legal traces and consequences of the crime, restoring the offender to a state as if no crime had ever been committed. Consequently, an individual granted amnesty is relieved of all principal and accessory penalties, fully restoring their eligibility to run for elective public office.

3. Pardon versus Amnesty
The fundamental distinction between presidential pardon and legislative amnesty lies in their scope, nature, and legal effect on criminal liability. Pardon is an executive act granted to an individual after conviction for a private or common crime; it remits punishment but does not erase guilt or accessory penalties without express stipulation. Amnesty is a sovereign act granted by the President with congressional concurrence for political offenses, usually before or after conviction; it completely erases the offense and restores all civil and political rights without requiring explicit restoration terms.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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