EXECUTIVE CLEMEMCY

BSCRIM4B
ARCIO,CHERRILYN A.
MACAIBA ROMAN
WHAT IS EXECUTIVE CLEMENCY?

CLEMEMCY simply means leniency or mercy, a power given to a public officials. Is

considered to be an act of grace.

EXECUTIVE CLEMENCY
Is the power of the president in state of convictions, to pardon a person convicted of a
crime ,commute the sentence or reduced it from death to another lesser sentence.
PARDON

An act of executive clemency, by a head of a state for the purpose of exempting an
individual from the punishment imposes upon him by a court of law. It is also an act of grace
and the recipient is not entitled to it as a matter of right.
 KINDS OF PARDON
1. ABSOLUTE PARDON
It is an absolute pardon when it is granted by the Executive without
Any conditions attached. It is serve to wipe away the guilt of a pardonee, and makes him
innocent s if he has not committed any crime.

2. CONDITIONAL PARDON
It is conditional when it is granted by the Executive subject to the conditions imposed on the
recipient and accepted by him. Usually the person granted with conditional pardon has
served a portion(at least ½ of the minimum of his sentence) of his sentence in prison.
 LIMITATIONS OF THE PARDONING
POWER OF THE PRESIDENT
The following are the limitations of the pardoning power of the president:
1. It may not be exercised for offense in impeachment cases;
2. It may be exercised only after conviction by final judgment;
3. It may not be exercised over civil contempt(as refusing to answer a proper question as a
witness in a case);
4. In case of violation of election law or rules and regulations, no pardon, parole or
suspension of sentence maybe granted;
5. Cannot be exercised to violation of tax laws.
 OTHER FORMS OF EXECUTIVE
CLEMENCY
1.AMNESTY
 Is a general pardon extended to a group of persons generally exercised by the Chief
Executive with the concurrence of congress.

It is an act of sovereign power granting oblivion or general pardon for past offense and
rarely, if ever ,exercised in favor of single individual is usually exerted in behalf of certain
classes of person who are subjected to trial but not have been convicted.
 DIFFERENCES BETWEEN
AMNESTY AN PARDON
• As to the number of those who can avail:
-Pardon includes any crimes and is exercised individually by the Chief Executive ,while
amnesty is a blanket pardon granted to a group of prisoners, generally political prisoners.
• As to the time avail;
-pardon is exercised when the person is already convicted, while amnesty maybe given
before trial or investigation is done.
• As to the consent of congress;
-Pardon is granted by chief executive and such as private act, which must plead and proved
by the person pardoned because the court takes no choice thereof. While amnesty is by
proclamation with concurrence of congress, and it is a public act, which the court should take
judicial notice.
• As to the Effect;
-Pardon is an act of forgiveness, it relieves the offender from consequences of the offense,
while amnesty is an act of forgetfulness, it puts into oblivion the offense of which one is committed
the offense.

• As to the Crime committed

-pardon is granted for infractions of the peace of the state while amnesty for crimes against
sovereignty of the state.(example .political offense.)

2.COMMUTATION SENTENCE
 It is a change of court made by the chief executive by reducing the degree of the penalty inflicted
upon the convict, or by decreasing the length of the imprisonment of the original sentenced.