PARDON Flashcards
It is a form of executive clemency granted by the President of the Philippine as a privilege to a convict as a discretionary act of grace.
Pardon
is the remission of a penalty.
pardon
It is an act of grace or forgiveness that relieves the person pardoned from some or all of the ramifications o lawful punishment.
Pardon
may be conditional or unconditional.
Pardon
do not erase or seal a conviction; a pardon forgive guilt. It vested to the Chief Executive (The President) as a matter of power.
Pardons
the convicted offender is forgiven the crime and its penalty.
Pardon
A head of state or government generally grants it when the convicted individual has fulfilled his or her debt to society or is somehow otherwise worthy of being forgiven the crime.
Pardon
does not erase the conviction, but it can in some jurisdictions remove some of the disqualifications caused by it.
Pardon
Forms of executive clemency are?
Pardon
Amnesty
Reprieve
Absolute pardon
Conditional pardon
- it refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for particular offense of which he was convicted.
Absolute Pardon
It is granted without any condition or without any intrained attached
Absolute pardon
is also granted by a President to an imprisoned president the incumbent has deposed.
Absolute Pardon
is granted in order to restore full political and civil rights to convicted persons have already served their sentenced and have reached the prescribed period.
Absolute Pardon
- it refers to the exemption of an individual, within certain limits or conditions; from the punishment that the law inflicts for the offense she has committed resulting in the partial extinction of his criminal liability.
Conditional Pardon
It is also granted by the President of the Philippines to release an inmate who has been reformed but is not eligible to be released on parole.
Conditional Pardon
Is one under which the convict is obliged to follow certain condition
Conditional Pardon
is granted only after final conviction.
Pardon
As provided under Section 19 of ART VII of the present Constitution “Except in case of impeachment, o as otherwise provided in this Constitution, the President may grant reprieves, commutation of sentence and pardons, and remit fines and forfeitures, after conviction by the final judgement. Xxx”
Pardon
granted after conviction frees the individual from all the penalties and legal disabilities and restores him all his civil rights, But unless expressly grounded on the person’s innocence, It cannot bring back lost reputation for integrity and fair dealings
Pardon
may be granted by the President of the Philippines upon recommendation of the Board of Pardon and Parole (BPP).
Pardon
is the agency charge with the release of sentenced prisoners based on modes specified by law.
BPP- board of pardon and parole
Its actions and proceedings are governed by the provisions of Section 4 of Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended and Executive Order No. 292 series of 1987, otherwise known as the Administrative Code of the 1987.
BPP-board of pardon and parole
Limitations of the Pardoning Power of the President
It may not e exercise for offenses in impeachment cases;
It may be exercised only after conviction by final judgement except amnesty;
In case of violation of election law or rules and regulations without favorable recommendations of the COMELEC;.
Is the recommending agency of president if the case of pardon is about election laws
COMELEC- COMMISSION ON ELECTION
has generally been regarded a blotting out the existence of guilt so that in the eye of the law the offender is as as inr innocent as though he never committed the offense, it does not operate for all purposes.
pardon
It’s very essence is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the conviction thereof. It does not wipe out the moral stain.
Pardon
It involves forgiveness and not forgetfulness
Pardon
the Chief Executive is authorized to order “the arrest and reincarceration of any such person who, in his judgment, shall fail to comply with the conditions of his pardon, parole, or suspension of sentence.”
Under Section 64(i) of the Revised Administrative Code
Upon determination that a prisoner granted with conditional pardon has violated the conditions thereof, the board shall recommend his arrest or recommitment to the _____?
President
when the conditions are violated, the offender is considered in Evasion of the
Service of his Sentence and shall be:
- Rearrested and re-incarcerated by order of the President under the Revised Administrative Code; or
- Prosecuted under Article 159 of the Revised Penal Code (RPC). When the penalty remitted is 6 years and below, there will be an additional penalty; over 6 years, the remaining sentence shall be served without additional penalty for evasion.
