Pardon; Its Effect


ART.36

NOTES:
Pardon by the President does not restore the right to public
office or suffrage except when both are expressly restored in
the pardon. Nor does it exempt one from civil liability or
from payment of civil indemnity

Limitations to President’s power to pardon:
   - can be exercised only after final judgment
   -  does not extend to cases of impeachment
   -  does not extinguish civil liability – only criminal liability

General Rule: Pardon granted in general terms does not include
accessory penalties.

   Exceptions:
   1. if the absolute pardon is granted after the term of
      imprisonment has expired, it removes all that is left of
      the consequences of conviction. However, if the penalty
      is life imprisonment and after the service of 30 years, a
      pardon is granted, the pardon does not remove the accessory
      penalty of absolute perpetual disqualification.
   2. if the facts and circumstances of the case show that the
      purpose of the President is to precisely restore the rights
      i.e., granting absolute pardon after election to a post
      (mayor) but before the date fixed by law for assuming office
      to enable him to assume the position in deference to the
      popular will

Pardon by the offended party – does not extinguish criminal
liability; may include offended party waiving civil indemnity
and it should be done before the institution of the criminal
prosecution and extended to both offenders.


effects of pardon
Pardon





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