Qualifications for a Presidential Pardon in the Philippines A comprehensive legal overview (updated to May 25 2025)
1. Concept and Constitutional Source
Under Article VII, Section 19 of the 1987 Constitution, the President “may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment, except in cases of impeachment or as otherwise provided in this Constitution.” A pardon is thus an aspect of the Chief Executive’s power of executive clemency, alongside:
| Form of clemency | Core legal effect | Constitutional / statutory anchor | Key implementing body |
|---|---|---|---|
| Absolute pardon | Extinguishes criminal liability and all accessory penalties; fully restores civil and political rights (unless expressly withheld). | Art. VII §19; Administrative Code of 1987 (EO 292), Book III, Title III, Ch. 3 | President (advised by the BPP) |
| Conditional pardon | Same as above, subject to conditions; violation revives the unserved portion of the sentence. | ibid. | President / BPP |
| Commutation of sentence | Reduces the penalty to a lesser one. | Art. VII §19; Act No. 4103 (Indeterminate Sentence Law) | President / BPP |
| Reprieve | Temporary stay of execution of sentence. | Art. VII §19 | President |
| Remission of fines & forfeitures | Cancels or reduces monetary penalties and confiscations. | Art. VII §19 | President |
| Amnesty | Obliterates both the offense and the penalty for a class of persons, with the concurrence of Congress (Art. VII §19). | Art. VII §19; relevant Proclamations | President + Congress |
2. Minimum Constitutional Qualification
Conviction by Final Judgment
- A presidential pardon (absolute or conditional) and a commutation may issue only after the judgment has become final and executory.
- The Supreme Court has repeatedly affirmed this prerequisite (e.g., Monsanto v. Factoran, G.R. 78239, Feb 9 1989; Barrioquinto v. Fernandez, G.R. L-600, Apr 30 1946).
Exceptions
- Impeachment cases – expressly non-pardonable.
- Election-law offenses – may be pardoned only upon a favorable recommendation of the Commission on Elections (Art. IX-C §5).
- Civil or administrative liabilities – not affected unless the enabling statute so provides (e.g., dismissal from service under the Civil Service Law remains unless separate administrative clemency is granted).
3. Statutory and Regulatory Qualifications
Although the Constitution states the basic trigger (a final conviction), day-to-day screening is done by the Board of Pardons and Parole (BPP), created under Act No. 4103 and reorganized by various executive orders (EO 83 [1937]; EO 292 [1987]; EO 468 [2005]). Its latest consolidated “2022 BPP Revised Guidelines on Executive Clemency” (building on its 2016 and 2019 iterations) lay down eligibility thresholds:
| Mode | Time served (ordinary rule) | Other salient qualifications / disqualifications |
|---|---|---|
| Commutation of sentence | At least 1/3 of the minimum indeterminate sentence or 12 years of a reclusion perpetua/life term. | Good conduct time allowances (GCTA) are not creditable toward this fraction. |
| Conditional pardon | ≥ ½ of the minimum indeterminate sentence or 10 years of a life term. | Habitual delinquents, escapees with pending cases, and those who violated a prior conditional pardon are ordinarily excluded. |
| Absolute pardon (post-sentence) | Sentence fully served (including subsidiary imprisonment and fine) or sentence satisfied through commutation. | Generally given to restore civil/political rights (e.g., right to vote, hold public office, possess firearms). |
| Absolute pardon (pre-service) | Rare, extraordinary cases where a miscarriage of justice is manifest, the convict is terminally ill, or national interest so demands. | Requires unanimous BPP recommendation with a detailed statement of compelling reasons. |
Special categories given preferential evaluation • Persons at least 70 years old who have served at least 5 years • Seriously ill, incapacitated, or pregnant persons • Prisoners whose continued confinement would be “inhuman or gravely detrimental to their health” • Juvenile offenders convicted before 18 years of age who have served the minimum period of the penalty under R.A. 9344 (Juvenile Justice and Welfare Act) • Solo parents with minor or disabled dependents, after minimum service
4. Documentary and Procedural Requirements
| Step | Responsible party | Core documents |
|---|---|---|
| 1. Application / endorsement | Convict, counsel, immediate family, jail/prison warden, or motu proprio by the BPP | BPP Form No. 1; commitment and mittimus; judgment of conviction; prison conduct records; latest medical certificate |
| 2. Investigation & records check | BPP Secretariat | Verification of finality; fingerprints (NCRO), NBI clearance; barangay & police clearances |
| 3. Community interview | Parole & Probation Officer | Social Case Study Report; Victim’s Affidavit (if any) |
| 4. Publication & opposition period | BPP | 30-day posting in the city/municipal hall and barangay of residence; notice to complainant/private offended party |
| 5. Executive session & recommendation | BPP (Chair: Secretary of Justice) | Resolution signed by the majority (or unanimity for extraordinary pardons) |
| 6. Presidential action | Office of the President | Issuance of Pardon/Commutation under the Great Seal, countersigned by the Executive Secretary |
| 7. Acceptance & implementation | Prisoner & Bureau of Corrections / BJMP | Acceptance form (for conditional pardon); release order; annotation on prison jacket |
5. Legal Effect and Scope of a Pardon
- Extinction of the penal sanction – The principal penalty (imprisonment, fine) is erased; subsidiary imprisonment for unpaid fines is also discharged.
- Accessory penalties – An absolute pardon removes them unless expressly reserved, while a conditional pardon removes them only to the extent stated and subject to compliance with conditions.
- Civil liability – Not erased; the offended party may still enforce the civil indemnity (Art. 36, Revised Penal Code).
- Recidivism – Conviction pardoned may still count to determine habituality/recidivism unless an amnesty obliterated the offense itself (Art. 89, RPC).
- Restoration to public office – Pardon does not automatically reinstate the convict; it only removes the disqualification. Appointment or election is still necessary (Monsanto, supra).
- Firearms license – Pardon restores the eligibility to apply but not the license itself; the applicant must still meet PNP regulatory requirements.
- Conditional-pardon violation – Breach revives the unserved portion without need for judicial action; the President (or delegated Secretary of Justice) issues an order of arrest and recommitment (Torres v. Gonzales, G.R. 76872, Apr 15 1988).
6. Jurisprudential Landmarks on Qualifications
| Case | G.R. No. / Date | Key doctrine relevant to qualifications |
|---|---|---|
| People v. Vera | G.R. L-4561, Nov 16 1935 | Pardons may issue only after final conviction; Congress cannot curtail that power but may regulate parole. |
| Barrioquinto v. Fernandez | L-600, Apr 30 1946 | President may suspend sentence by pardon even in capital cases once conviction final. |
| Monsanto v. Factoran | G.R. 78239, Feb 9 1989 | Pardon does not automatically reinstate to public office; only the disqualification is removed. |
| Torres v. Gonzales | G.R. 76872, Apr 15 1988 | Violation of conditional pardon can be summarily determined by executive authority; no double jeopardy. |
| Pelobello v. Palatino | G.R. L-9645, Aug 16 1956 | Recidivism is reckoned from date of commission of the first offense; a pardon does not erase the fact of conviction. |
| Brocka v. Enrile (Kilusan v. Executive Sec.) | G.R. L-69863, Dec 10 1990 | Distinguished amnesty (which obliterates the offense) from pardon. |
7. Practical Insights and Contemporary Trends
- Humanitarian pardons (aged, terminally ill) have increased since 2010, reflecting international norms on the treatment of elderly and sick prisoners.
- Restorative-justice considerations – The BPP now routinely consults victims or heirs; victim objection is not binding but weighs heavily.
- Digitalization – Since 2023, applications may be filed through the BPP e-clemency portal, expediting documentary transmittal.
- Policy on heinous crimes – While the Constitution imposes no categorical bar, recent Presidents have informally adopted a “no pardon” stance for convictions under the Anti-Terrorism Act and Drug Trafficking (R.A. 9165, Sec. 98), except on humanitarian grounds.
- International obligations – The Philippines’ ratification of the Second Optional Protocol to the ICCPR (aiming at death-penalty abolition) influences clemency practice, especially in converting death sentences (already outlawed in 2006) to reclusion perpetua subject to executive review.
8. Conclusion
The sole constitutional qualification for the grant of a presidential pardon is a conviction by final judgment, except where expressly barred (impeachment) or where additional concurrence is required (election offenses). Statutory and administrative issuances, primarily those of the Board of Pardons and Parole, overlay this broad power with eligibility thresholds, documentary requirements, and humanitarian carve-outs. Jurisprudence consistently upholds the President’s plenary discretion once these basic qualifications are satisfied, subject only to the limits expressly written in the Constitution and to judicial review for grave abuse of discretion. Understanding both the textual rule and the practical filters applied by the BPP is essential for any practitioner or convict seeking executive clemency in the Philippines.