DEFINITION

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 the crime he has
committed.

AMNESTY
Act of sovereign power
granting oblivion or a
general pardon for a past
offense, and is rarely, if
ever, exercised in favour
of a single individual, and
is usually exerted in
behalf of certain classes
of persons, who are
subject to trail but have
not yet been convicted.
A blanket pardon to
classes of persons or
communities who may be
guilty of political
offenses.

Pardon by Offended
Party (Art 23)

Pardon by the President

(Art 36)

- DOES NOT extinguish

criminal action, (because
its an offense against the
state) The intervention of
the offended parties is
limited to being witnesses
for the prosecution.

Pardon, whether full or

conditional, to an accused
during pendency of his
appeal from conviction
cannot be granted, unless
appeal is withdrawn.

EXCEPT: Article 344 of

RPC for Adultery and
Concubinage, the
offended party cannot
institute criminal
prosecution if he shall
have consented or
pardoned the offenders.
For Seduction,
Abduction, Rape and

PAROLE
Suspension of the
sentence of a convict
AFTER serving the
minimum term of the
indeterminate penalty,
without granting pardon,
prescribing the terms
upon which the sentence
shall be suspended.

PROBATION
Probation is a disposition
under which a defendant
AFTER conviction of a
sentence, is released
subject to the terms and
conditions imposed by
the court and to the
supervision of a probation
law.

ISLAW
Purpose: to uplift and redeem valu
material, and prevent unnecessary
deprivation of personal liberty and
usefulness

Acts of Lasciviousness,
the pardon must be
EXPRESS.
GRANTING
AUTHORITY
Person

WHEN
GRANTED/FILED

EFFECTS

Offended Party

Exercised by the President

--Includes any crime and
is exercised individually
by the President.

By proclamation of the
Chief Executive with the
concurrence of the
Congress.

Granted by the Board of

Pardons and Parole

Trial Court

Pardons by Offended
Party must come
BEFORE institution of
criminal prosecution.

Anytime when the person

is ALREADY
CONVICTED

Exercised even BEFORE

trial or investigation is
had.

Given AFTER the

prisoner has served the
MINIMUM penalty

After the court shall have

convicted and sentenced
the defendant, upon his
application within the
period for perfecting an
appeal

EXCEPT: Pardon may be

given by the offended
party AFTER the
institution of criminal
action for concubinage,
seduction, rape abduction
or acts of lasciviousness
is the MARRIAGE
between the offender and
offended party.
CRIMINAL - It does not
extinguish criminal
liability; it is only a bar to
criminal prosecution.

That is AFTER conviction

by final judgment

*Application for
probation is a waiver of
right to appeal

Looks forward and

relieves the offender from
the consequences of an
offense of which he has
been convicted
abolishes or forgives the
punishment
(EXTINGUISHES
CRIMINAL LIABILITY)
But, IT DOES NOT
WORK THE
RESTORATION OF THE
RIGHTS TO HOLD

Looks backward and

abolishes and puts into
oblivion the offense
itself; it so overlooks and
obliterates the offense
with which he is charged
that the person released
by amnesty stands before
the law precisely as
though he had committed
NO OFFENSE.

Application for probation

is a WAIVER of the right
to appeal.
An order granting or
denying probation is
NON-APPEALABLE
If convict is sentenced to
a term of imprisonment of
not more than 1 year,
probation period shall not
exceed 2 years.

PUBLIC OFFICE OR
RIGHT OF SUFFRAGE,

Otherwise, for
imprisonment of more
than 1 year, probation
shall not exceed 6 years

EXCEPT the rights be

expressly restored by the
terms of the pardon.

In case the sentence

imposes a fine only, and
offender is made to serve
subsidiary imprisonment,
probation period shall be
twice the total number of
days of imprisonment.

Does not alter the fact that

the accused is a recidivist,
because it produces the
extinction only of the
personal effects of the
penalty.

CIVIL LIABILITY

AS EVIDENCE

VIOLATION

VALIDITY
/EFFECTIVITY

The civil liability with

regard to the interest of
the injured party is
extinguished by his
EXPRESS WAIVER.

Does not extinguish the

civil liability of the
offender

Private act of the

president, must be
PLEADED and PROVED
by the person pardoned
Convict may be ordered
rearrested or
reincarcerated by the
Chief Executive or
prosecuted under ART
159 of the code
(Violations of Conditions
of Pardon)
Delivery is indispensable
requisite. Once accepted
by grantee, the pardon
already delivered cannot
be revoked by the grantor.

Amnesty makes an exconvict no longer a

recidivist, because it
obliterates the last vestige
of the crime.
Does not extinguish the
civil liability of the
offender

Does not extinguish civil

liabilities

It is a Public Act of which

the courts should take
judicial notice of.
Convict cannot be
prosecuted under (ART
159). He can be
rearrested to serve the
unserved portion of his
original penalty.

If complied = Discharge
If violated = final
judgement of sentence

Upon APPLICATION by
the defendant for
probation, the court shall
issue and order to
investigate. The probation

shall conduct
investigation within 60
days from the receipt of
the order and shall submit
to the court the report.
The court shall have 15
days after the receipt of
the said report to resolve
the application. Pending
the submission of
investigation report and
resolution of petition, the
defendant maybe allowed
on BAIL. Provided, if no
bail filed or incapable of
filing one, the court may
allow the release of
defendant on
RECOGNIZANCE to the
custody of responsible
member of community
who shall guarantee his
appearance when required
by the court.

The acceptance of pardon

shall not operate as an
abandonment or waiver of
the appeal, and release of
an accused by virtue of
pardon, commutation of
sentence, or parole before
withdrawal of appeal shall
render those responsible
administratively liable.

ACCESSORY
PENALTY

When the principal

penalty is remitted by
pardon, ONLY the effect
of the principal penalty is
extinguished, but NOT the
accessory penalty attached
to it.

Amnesty completely
extinguished the penalty
and all its effects.

NOTE: Convict is not

immediately placed on
probation except upon
prior investigation by the
probation officer and a
determination by the
court.
Accessory penalties are
deemed suspended once
probation is granted.

EXCEPT: when an
absolute pardon is granted
AFTER the term of
imprisonment has expired,
it removes all that is left
of the consequences of
conviction.

CONDITIONS

Present himself to the

probation officer
designated to undertake
his supervision at such
place as may be specified
in the order within 72
hours from the receipt of
the order
To report to the probation
officer at least once a
month at such place and
time as specified by said
officer.
The court may also
require him to do any of
the following enumerated
in Sec 10 of the Probation
law.