Article 36Pardon: Its EffectsCONCEPTAmnesty- it is an act of the sovereign power granting oblivion or general pardon for a past offense, and is rarely, if ever exercised in favor of a single individual, and is usually extended in behalf of certain classes of persons who are subject to trial but have not yet been convicted. Pardon- it is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. - Pardon must be given after final judgment, otherwise, there will be violation of the Doctrine of Separation of Powers.

Kinds of Pardon

Absolute Pardon

Conditional Pardon

The total extinction of criminal liability of the individual to whom it is granted without any condition.

It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted.The exemption of an individual within certain limits or conditions from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability.

Effects of Pardon by the President:1. A pardon shall not restore the right to hold public office or the right of suffrage.Exception: When any or both such rights is/are expressly restored by the terms of the pardon.2. It shall not exempt the culprit from the payment of the civil liability.

Limitations upon the exercise of the pardoning power:1. That the power can be exercised only after conviction by final judgment; Final Judgment- means judgment beyond recall. Judgment becomes final:a. After the lapse of the period for perfecting an appeal;b. When the sentence has been partly or totally satisfied or served, orc. The defendant has expressly waived in writing his right to appeal (Sec. 7, Rule 16, Rules of Court).

2. That such power does not extend to cases of impeachment;3. No pardon, amnesty, parole or suspension of sentence for violation of election laws rules and regulations shall be granted by the President without the favourable recommendation of the COMELEC.

General Rule: When the principal penalty is remitted by pardon, only the effect of that principal penalty is extinguished, but not the accessory penalties attached to it.Exception: When an absolute pardon is granted after the term of imprisonment has expired, it removes what is left of the consequences of conviction. Pardon by the Chief Executive (Art. 36)Pardon by the Offended Party (Art. 23)

As to the crime coveredCan extend to any crime, unless otherwise provided by or subject to conditions in the Constitution or the laws.Applies only to crimes against chastity under the RPC and marital rape.

As to the effect on civil liabilityCannot affect the civil liability ex delicto of the offender.The offended party can waive the civil liability.

As to extinguishment of criminal liabilityExtinguishes criminal liability.Does not extinguish criminal liability.

Although lasciviousness by the valid marriage of the victim and the offender, and in adultery and concubinage, by the express or implied pardon by the offended spouses.

When grantedCan be extended only after conviction by final judgment of the accused. Can be validly granted only before the institution of the criminal action.

To whom grantedTo any or all of the accused.In seduction, abduction and acts of lasciviousness, it benefits the co-principals, accomplices and accessories.

In adultery, and concubinage, must include both offenders.

As to whether it can be conditionalMay be absolute or conditional.Cannot validly be made subject to a condition.

PARDONAMNESTY

Includes any crime and is exercised individually by the President.A blanket pardon to classes of persons or communities who may be guilty of political offenses.

Exercised when the person is already convicted.May be exercised even before trial or investigation is had.

Merely looks forward and relieves the offender from the consequences of an offense which he has been convicted; it does not work for the restoration of the rights to hold public office, or the right of suffrage, unless such rights are expressly restored by means of pardon.Looks backward and abolishes and puts into oblivion the offense itself, it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.

Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty. Makes an ex-convict no longer a recidivist, because it obliterates the last vestige of the crime.

Does not extinguish the civil liability of the offender.Does not extinguish the civil liability of the offender.

Being a private act by the president, it must be pleaded and proved by the person pardoned.Being a Proclamation of the Chief Executive with the concurrence of Congress; it is a public act of which the courts should take judicial notice.

Extinction of criminal liability does not automatically extinguish civil liability (Petralba v. Sandiganbayan, GR No. 81337, August 16, 1991).

Death of the offended party will not extinguish the criminal liability of the accused even in private offenses.

Civil liability is extinguished only when death occurs before final judgment. Effect of death of the accused pending appeal of his conviction:General Rule: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely on the offense committed.Exception: Civil liability arising from sources other than the crime committed survives and may be pursued in a separate civil action. Sources of civil liability other than crime are law, contracts, quasi-contracts and quasi-delicts (People v. Bayotas, GR No. 152007, Septemeber 2, 1994).

Parole- is the suspension of the sentence of a convict, after serving the minimum term of the indeterminate penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended.CONDITIONAL PARDONPAROLE

May be given at any time after final judgment; is granted by the Chief Executive under the provisions of the Administrative Code.May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and Parole under the provision of the Indeterminate Sentence Law.

For violation of the conditional pardon, the convict may be ordered re-arrested or re-incarcerated by the Chief Executive, or may be prosecuted under Art. 159 of the Code.For violation of the terms of the parole, the convict cannot be prosecuted. Under Art. 159 of the RPC, he can be re-arrested and re-incarcerated to serve the unserved portion of his original penalty.

Article 23Effect of Pardon by the Offended PartyGeneral Rule: Pardon by the offended party does not extinguish the criminal liability of the offender.Reason: A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. NOTE: In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution.

Compromise does not extinguish criminal liability.Exception: Pardon by the offended party will bar criminal prosecution in the following crimes:1. Adultery and Concubinage (Art. 344, RPC). - EXPRESS or IMPLIED pardon must be given by offended party to both offenders.- Pardon must be given prior to institution of criminal action. 2. Seduction, Abduction, Acts of Lasciviousness- EXPRESS pardon given by offended party or her parents or grandparents or guardian.

3. Rape- The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed.