CONSTI The Pardoning power

Question 1

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Answer 1

Reprieves - is merely a postponement of sentence to a date certain, or a stay of execution.
Ex. to secure additional evidence, pregnant women

Commutation - is a reduction or mitigation of the penalty
ex. When the death sentence is reduced to life imprisonment

Question 2

Limitations Pardoning power

Answer 2

In cases of impeachment,- Impeachment proceeding is not a judicial, much less criminal, prosecution and therefore does not essentially come under the pardoning power.
x
For violation of any election law, rule or regulation without the favorable recommendation of the COMELEC. But not every offense
x
Pardon can be granted only after conviction by final judgment
x
legislative contempt
x
civil liability

Question 3

Kinds of Pardon

Answer 3

Absolute - without any strings attached. The pardonee has no option at all and must accept it whether he likes it or not. Similar to commutation, which is also not subject to acceptance by the offender.
x
Conditional - which the convict is required to comply with certain requirements. Has the right to reject it since he may feel that the condition imposed is more onerous that the penalty sought to be remitted.
x
Plenary - Extinguishes all the penalties imposed upon the offender, including accessory disabilities whereas partial pardon does not