Here’s a comprehensive, practitioner-oriented explainer on Full Presidential Pardon in the Philippines—what it is, when it can be given, and exactly what it does (and does not) do. This is an educational overview, not legal advice.
Constitutional Source and Related Powers
1987 Constitution, Article VII, Section 19 vests the President with the power to grant:
- Reprieves (postponement of a sentence),
- Commutations (reduction of a sentence),
- Pardons (forgiveness of the penalty), and
- Remissions of fines and forfeitures,
after conviction by final judgment—except in cases of impeachment, and subject to a special limitation for election-law violations (requires a favorable recommendation of the COMELEC). Amnesty is different: it requires concurrence of a majority of all Members of Congress and typically covers classes of offenders (often political offenses).
What is a “Full Presidential Pardon”?
A full (absolute) pardon is an act of executive clemency that totally remits the penalty imposed by final judgment. In contrast to a conditional pardon (which attaches terms) and a commutation (which merely reduces the penalty), a full pardon is the most complete form of individualized clemency the President can give on his/her sole constitutional authority.
Key features:
- Post-conviction only: It may be granted only after a conviction has become final (i.e., judgment is no longer appealable).
- Personal act of grace: It is an individualized forgiveness of the penal consequences of a conviction.
- Executive discretion: As a rule, courts do not review the wisdom of clemency; judicial review is limited to questions of constitutional compliance (e.g., timing, forbidden categories).
Effects of a Full Pardon
Think of the effects in four buckets: criminal, civil, political/civic, and administrative/regulatory.
1) Criminal Effects
- Extinguishes the penalty: Imprisonment, fines, and accessory penalties under the Revised Penal Code (RPC) are generally remitted. If the grantee is imprisoned, the pardon authorizes release.
- Conviction remains a historical fact: A pardon forgives the penalty; it does not erase the fact of conviction. (By contrast, amnesty “blots out” the offense as if it never occurred.)
- Scope is defined by the text of the pardon: If the instrument explicitly restores specific rights (see next part), that governs.
2) Civil Liability
- Civil liability is not wiped out by pardon. Under the Civil Code/RPC framework, a pardon does not extinguish the offender’s civil obligations (e.g., restitution, indemnity, damages) arising from the offense. Those remain fully enforceable unless separately settled, remitted by the offended party, or otherwise satisfied.
3) Political and Civic Rights (Public Office & Suffrage)
General rule: A pardon’s default effect is to remit penalties; disqualifications (e.g., to hold public office or to vote) are accessory penalties that do not automatically vanish unless the pardon expressly restores them.
- Classic doctrine: To restore the right to hold public office or to exercise suffrage, the pardon must say so in clear terms (e.g., “restoring civil and political rights, including the right to vote and to be voted for, and the right to hold public office”).
No automatic reinstatement to government employment: Even where a pardon removes disqualifications, it does not compel reinstatement to a prior post. Reappointment/reemployment is a separate, discretionary or merit-based administrative act.
Statutory perpetual disqualifications (e.g., under anti-graft statutes): As a rule, presidential clemency can remit penalties and accessory penalties, but if a statute imposes a non-penal qualification bar independent of the criminal penalty, that may require express restoration in the pardon—and in some contexts may remain a separate eligibility issue to be tested by the proper agency/tribunal (e.g., CSC/COMELEC/courts).
4) Administrative and Regulatory Consequences
- Administrative liability is distinct from criminal liability. A full pardon does not automatically erase or reverse administrative sanctions (discipline in the civil service, licensing consequences, professional regulation). Agencies may still rely on the underlying facts for regulatory purposes unless the pardon (or another legal act) expressly addresses those consequences and the law allows it.
- Immigration/deportation (for aliens): A pardon for a criminal conviction does not bind immigration authorities if separate statutory grounds justify removal; clemency targets the penal consequences of the conviction, not a sovereign’s police power over aliens.
Limits on the Pardon Power
- Impeachment: No clemency in impeachment cases.
- Election offenses: For violations of election laws, rules, and regulations, a pardon requires a favorable COMELEC recommendation.
- Timing: Must follow a final conviction. (Amnesty is the main vehicle for pre- or post-conviction “obliteration.”)
- Separation of powers & due process: While broad, the power cannot be exercised in a manner that violates explicit constitutional commands.
Conditional vs. Full (Absolute) Pardon
Full/Absolute Pardon: No conditions; immediate and complete remission of the penalty as stated.
Conditional Pardon: Binds the grantee to specified terms (e.g., law-abiding behavior, reporting, non-commission of certain acts).
- Acceptance required: A pardon (especially conditional) is commonly treated as requiring acceptance by the convict (acceptance is usually inferred if the grantee takes the benefits).
- Violation of conditions: If breached, the grantee may be arrested and made to serve the unexpired portion of the original sentence, typically via processes involving the Board of Pardons and Parole (BPP) and penal authorities. Minimal due process (notice/opportunity to be heard) is generally observed in practice.
Pardon vs. Amnesty vs. Parole vs. Commutation
- Pardon: Erases the penalty (not the conviction) after final judgment; individualized; presidential act.
- Amnesty: Blots out the offense (treats it as if it never occurred); can be given before or after conviction; typically for classes of offenses; requires Congressional concurrence.
- Parole: Conditional release to serve the remainder of the sentence in the community; does not erase the penalty; administered via the BPP under statute.
- Commutation: Reduces the sentence (e.g., from reclusion temporal to reclusion temporal minimum, or years shaved off). The conviction and remaining penalty persist.
Procedure & Practice (How a Full Pardon Typically Happens)
While the Constitution doesn’t require a specific procedure, the standard practice is:
- Application or recommendation to the Board of Pardons and Parole (BPP), with documents such as mittimus/commitment, judgment, proof of service, conduct reports, restitution proof, and letters of support. (The President may still act motu proprio.)
- Evaluation (penological, behavioral, humanitarian grounds; age/health; unusual circumstances; miscarriages of justice).
- Presidential action: Issuance of a Pardon Instrument (Proclamation or Clemency Warrant), identifying the person, the case(s), and the exact scope (e.g., “absolute and unconditional,” “restoring civil and political rights including…”, or conditional terms).
- Implementation: Release order if incarcerated; entry in prison/BPP records; agencies notified for rights restoration as stated in the instrument.
Drafting and Reading the Pardon Instrument
Because the text controls, careful attention to wording is critical. Clauses often include:
- Identification: Full name, case number(s), court, offense(s).
- Nature: “Absolute and unconditional pardon” or “conditional pardon subject to [terms].”
- Rights restoration: If intended—say so expressly (e.g., “restoring civil and political rights, including the right to vote, to be voted for, and to hold public office”).
- Civil liability: Typically not remitted; the instrument rarely purports to cancel civil indemnity.
- Fines/forfeitures: If to be remitted, say so (e.g., “remitting all fines and forfeitures”).
Downstream Legal Questions (and the Usual Answers)
Does a full pardon clear my criminal record? No. It forgives the penalty but does not erase the conviction; records remain unless covered by amnesty or another legal mechanism.
Am I automatically reinstated to my government job? No. Even if disabilities are removed, reinstatement requires a separate administrative/employment act and satisfaction of qualifications.
Can I run for office after a full pardon? Only if the pardon expressly restores your political rights (suffrage and eligibility). Election bodies/courts may still examine your eligibility under relevant laws and the exact text of your pardon.
What about civil damages to the victim? A full pardon does not cancel civil liability. You still owe restitution/indemnity unless otherwise settled or satisfied.
If I’m an alien, does a full pardon stop my deportation? Not necessarily. Deportation is an administrative measure under immigration law, distinct from the penal consequence that the pardon addresses.
Compliance/Strategy Tips (for Counsel and Parties)
For applicants/grantees
- Gather proof of reformation (conduct records, program certificates), health/age documentation, restitution or settlement papers, and community endorsements.
- If public rights matter to you, ask for explicit restoration language in the pardon.
- Keep copies of the instrument and all acknowledgments/entries for dealings with agencies (COMELEC, CSC, PRC, PNP-FEO, etc.).
For agencies/employers
- Require the pardon instrument; read the scope carefully.
- Distinguish between penal remission and statutory/administrative qualifications; consult enabling laws.
- For public employment, treat reinstatement and eligibility as separate questions from clemency.
Quick Comparison Table
Tool | Who grants | When available | What it does | Erases conviction? | Restores political rights by default? |
---|---|---|---|---|---|
Full Pardon | President | After final conviction | Remits penalty (and accessory penalties as stated) | No | No (must be express) |
Conditional Pardon | President | After final conviction | Remits penalty subject to terms | No | No (must be express) |
Commutation | President | After final conviction | Reduces penalty | No | N/A |
Reprieve | President | After conviction | Postpones service | No | N/A |
Amnesty | President + Congress | Before/after conviction | Blots out offense | Yes (legal effect) | Generally Yes, unless law says otherwise |
Takeaways
- A full presidential pardon forgives the penalty of a final conviction but does not erase the conviction or civil liability.
- Political/civic disabilities (to vote, be voted for, or hold public office) are not restored by default; they must be expressly restored in the pardon.
- Administrative and regulatory consequences may persist unless the law and the pardon’s text clearly cover them.
- Amnesty is the mechanism that obliterates the offense; pardon does not.
If you’d like, tell me your use-case (e.g., candidate eligibility, post-conviction employment/licensing, immigration concerns), and I can draft tailored clauses for a pardon instrument or a checklist for agencies evaluating its effect.