ST.

PAUL UNIVERSITY SURIGAO

SURIGAO CITY
COLLEGE OF CRIMINAL JUSTICE EDUCATION
NON-INSTITUTIONAL CORRECTION
ACTIVITY-7

ECOL, SHENNA C.
BS-CRIMINOLOGY III

1. Discuss the nature and concept of the Executive clemency power of the President.
Executive Clemency refers to Reprieve, Absolute Pardon, Conditional Pardon with or without
Parole Conditions and Commutation of Sentence as may be granted by the President of the
Philippines. It is the power of the President in federal criminal cases to pardon a person convicted
of a crime. Governor of state in state convictions also has the power to exercise executive
clemency. Generally, Executive Clemency is a general term for reducing the penalties for a
particular crime without actually clearing your criminal record.

2. Differentiate Pardon and Amnesty.

Amnesty and pardon are powers bestowed on the supreme authority of a nation to give
forgiveness to individuals or group of individuals who have been found guilty of some act. The
President may grant amnesty with the concurrence of the majority of all the members of Congress.
This distinguishes amnesty from pardon because the latter does not need congressional approval.
On the other hand, Pardon looks forward and relieves the offender from the consequences of an
offense of which he has been convicted. It abolishes or forgives the punishment, and for that
reason it does not work the restoration of the rights to hold public office, or the right of suffrage
unless such rights be expressly restored by the terms of the pardon, and in no case exempts the
culprit from the payment of the civil indemnity imposed upon him by the sentence.

Generally, Pardon is given only after a judgment has been pronounced whereas amnesty is given
even before the final judgment. Amnesty may be given to people who have not been convicted. On
the contrary, a pardon is given to people who have been convicted.

3. Define and differentiate the two types of pardon

A Pardon is an executive order vacating a conviction. A pardon can be full or partial; absolute, or
conditional. A pardon is conditional when its effectiveness depends on fulfillment of a condition by
the offender. Both Conditional and Absolute Pardon exists to correct these infirmities and mitigate
whatever harshness might be generated by too strict application of the law. Conditional pardon
exempts an individual, within certain limits or conditions, from punishment of his/her crime
committed resulting in the partial extinction of his/her criminal liability while Absolute pardon totally
extinguishes criminal liability of an individual without any condition. This restores the individuals’
civil and political rights, and remits-imposed penalties for the particular offense he/she was
convicted.
Note that both absolute and conditional pardon are exercised by the Chief Executive, which is
enunciated in Art. 36 of the RPC. Pardon by Chief Executive extends to any crime, unless the law
provides otherwise.