Article 36

Question 1

Title of Art. 36 of the RPC

Answer 1

Pardon; its effects

Question 2

The effects of pardon by the President (2)

Answer 2

1. A pardon shall not restore the right to hold public office or the right of suffrage, except when any or both such rights is or are EXPRESSLY restored by the terms of the pardon
2. It shall not exempt the culprit from the payment of the civil indemnity. The pardon cannot make an exception to this rule.

Question 3

Limitations upon the exercise of the pardoning power of the President (2)

Answer 3

1. That the power can be exercised only AFTER conviction
2. That such power does not extend to cases of IMPEACHMENT(Art. 7, Sec. 19, Constitution) and cases involving VIOLATION OF ELECTION LAWS RULES, and regulations when there is no favorable recommendation from the COMELEC(Art. 9-C, Constitution)

Question 4

Does the acceptance of the pardon operate as an abandonment or waiver of the appeal?

Answer 4

No. The release of an accused by virtue of pardon, commutation of sentence, or parole before the withdrawal of an appeal shall render those responsible therefor administratively liable

Question 5

Does pardon in general terms extinguish also the accessory penalties? (2)

Answer 5

No, only the principal penalty is extinguished, except when:
1. When an ABSOLUTE pardon is granted AFTER the term of imprisonment has expired
2. Where the facts and circumstances of the case already show that the purpose of the Chief Executive is precisely to restore the rights to hold public office or the right of suffrage

Question 6

Does “granting executive clemency, and restoring one to their civil and political rights” count as absolute pardon?

Answer 6

Yes, that person shall have the right to seek public elective office again

Question 7

Does pardon after serving 30 years imprisonment remove perpetual absolute disqualification?

Answer 7

No, because Art. 30 is silent as to the maximum duration of perpetual disqualification and Art. 36 expressly provides that a pardon shall not work the restoration of the right to hold public office or the right of suffrage, unless such rights be expressly restored by the terms of the pardon

Question 8

Distinguish pardon by the Chief Executive(CE) from pardon by the offended party(OP) (3)

Answer 8

1. Pardon by the CE EXTINGUISHES the criminal liability of the offender, while pardon by the OP DOES NOT
2. Pardon by the CE CANNOT include civil liability imposed, but OP CAN WAIVE the civil liability imposed
3. Pardon by the CE is granted only AFTER conviction, while pardon by OP should be given BEFORE the institution of criminal prosecution and must be extended to both offenders