Skip to main content

Pardon

   

What is PARDON?     
     It is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.

Effects of Pardon
1. A pardon shall not restore the right to hold office or the right to suffrage.
     Exception: Such rights are expressly restored by the terms of the pardon.
2. It shall not exempt the culprit from the payment of the civil lability.

Limitations  of the Pardoning Power
1. The power can be exercised only after conviction by the final judgement.
2. Such power does not extend to cases of impeachment.
3. No pardon, Amnesty, Parole or Suspension of sentence for violation of election laws, rules and regulations shall be granted by the president without the favorable recommendation of  the COMELEC.

Comments

Popular posts from this blog

Complex Crimes and Special Complex Crimes

What is a Complex Crime?      Under Article 48 of  the Revised Penal Code, complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as  in the conscience of the offender. Two kinds of Complex Crimes I. Compound Crime      A single act constitutes two or more grave or less grave felonies.      Requisites:      1. Only a single act is performed; and      2. Single act produces:            a. Two or more grave felonies;            b. One or more grave and one or more less grave felonies; or            c. Two or more less grave felonies. II. Complex Crime Proper      An offense is a necessary means for committing the other. The first offense must be consumated. All the offense are punishable under the same statute. ...

R.A. No. 9344 Juvenile Justice and Welfare Act of 2006

What is a Child  in Conflict with the Law?      It refers to a child who is alleged as accused of, or adjudged as, having committed an offense under Philippine Laws. Juvenile Justice and Welfare System      This refers to the system dealing with children at risk and children in conflict with the law, which provides child appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and after care to ensure their normal growth and development. Minimum Age of Criminal Responsibility; Exemption from Criminal Liability 1. A child 15 years of age  or under at the time of the offense shall be exempt from criminal liability. However, the child shall be subject to an intervention program. 2. A child above 15 years of age but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. 3. It does not include exemption from civil liability...

Offenses While on a Philippine Ship or Airship

     Requisites: 1. Crime is committed on board a  private or merchant ship; 2. The ship or airship must be registered under Philippine Law; and 3. The crime must be committed while the registered Philippine ship is on international wateres. The Revised Penal Code  applies when such Philippine vessel is found within:      1. Philippine waters; or      2. The high seas. Foreign Merchant Vessels      1. The French Rule      General Rule:      Crimes committed aboard a vessel within the territorial waters of another country are not triable in the courts of that country.       Exception:      If the commission affects the peace and security of the territory or when the safety of the state is endangered.      2. English Rule      General Rule:      Crimes committed aboard a vessel within the territor...