A. What is the pardoning power of the President under Art. VIII, Sec. 19 of the Constitution?
Is the exercise of the power absolute? (4%)
B. Distinguish pardon from amnesty. (4%)
Suggested answer only. Not an official answer and not legal advice.
(a) The pardoning power is an executive act of grace exempting an offender from punishment and is not absolute, and (b) pardon differs from amnesty in nature, timing, and concurrence.
Under Article VII, Section 19, pardons are granted after final conviction, excluding impeachment and election offenses without COMELEC approval. Pardon is a private act for individuals covering common crimes after conviction, whereas amnesty is a public act for political offenders requiring majority congressional concurrence.
Here, pardoning power is not absolute due to express constitutional limits. Unlike pardon, which looks forward to relieve penalties, amnesty looks backward to obliterate the offense itself.
Therefore, pardoning power is constitutionally restricted, and pardon differs from amnesty in scope, effect, and procedure.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What constitutional limitation restricts the President's executive power to grant pardons under Article VII, Section 19?
Pardons cannot be granted in cases of impeachment or before conviction by final judgment.
Which requirement is mandatory before the President may grant executive clemency for violations of election laws?
Executive clemency for election law violations requires the favorable recommendation of COMELEC.
How does amnesty fundamentally differ from a pardon in terms of its legal effect on a crime?
Amnesty obliterates the offense itself as if it were never committed, whereas pardon remits punishment.
What legislative action is constitutionally required for an amnesty proclamation to become valid and effective?
Article VII, Section 19 mandates the concurrence of a majority of all Members of Congress for amnesty.
When may the President validly grant a pardon to an offender under the 1987 Constitution?
Article VII, Section 19 restricts the presidential grant of pardon to after conviction by final judgment.
Learn more about these topics
1. Executive Clemency Limits
Under Article VII, Section 19 of the 1987 Constitution, the President possesses the executive power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. However, this pardoning power is not absolute and is subject to constitutional limitations. It cannot be exercised in cases of impeachment, nor can it be granted for violations of election laws without the favorable recommendation of the Commission on Elections. Additionally, executive clemency cannot be granted prior to final conviction or in civil or administrative cases that do not involve criminal liability.
2. Pardon Defined
A pardon is an executive act of grace exercised by the Chief Executive that exempts an individual from the punishment the law inflicts for a crime committed. Granted exclusively after conviction by final judgment, a pardon reaches only the punishment prescribed for the offense and does not obliterate the criminal offense itself. Consequently, while a pardon remits penalties and restores civil rights when expressly provided, it does not restore public offices forfeited as a consequence of conviction nor automatically restore license or privilege unless explicitly stated in the executive grant.
3. Amnesty Distinguished
Amnesty is a sovereign act of oblivion granted by the President, usually addressed to political offenders, that looks backward and completely obliterates the criminal offense itself as if it had never been committed. Unlike a pardon, which is a private executive act granted to individuals after final conviction without legislative involvement, amnesty is a public act that may be granted before or after prosecution. Furthermore, the constitutional validity of an amnesty proclamation requires the concurrence of a majority of all the Members of the Congress.