Amnesty v.

Pardon

1. Amnesty is absolution and forgetfulness of an offence whereas a pardon is termed as

pity and forgiveness.

2. When a pardon is given to only individuals, amnesty is given to a group of

individuals.

3. Amnesty may be given to persons who have not faced a trial and been convicted. On
the contrary, a pardon is given to persons who have been convicted.

4. Amnesty has been mainly used as a political means to address certain issues of
national importance.

5. In pardons, the criminal record of an individual is not wiped out as a court has
already convicted that person.

How is amnesty different from pardon?

Supreme Court cases like Barrioquinto vs. Fernandez (1949) and People vs.
Casido(1997) distinguished amnesty from pardon.

1. Amnesty is a public act granted by the President and should have Congress'
concurrence, while pardon is a private act "pleaded and proved by the person
pardoned."

2. Amnesty may be "granted to classes of persons or communities who may be guilty of

political offenses, generally before or after the institution of the criminal prosecution
and sometimes after conviction." Meanwhile, pardon may be granted to a person
after conviction.

3. Amnesty "looks backward and abolishes and puts into oblivion the offense itself" as if
no crime has been committed. Pardon, on the other hand, "looks forward and
relieves the offender from the consequences of an offense of which he has been
convicted" but does not automatically restore one's political rights (unless restored by
the terms of pardon) and does not absolve him or her from paying civil indemnity.