RELATE ART. 23 TO 36:

Art. 94. Partial Extinction of criminal liability. Criminal liability is extinguished

partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is serving his

sentence.

Conditional pardon contract between the sovereign power of the executive and the convict

Convict shall not violate any of the penal laws of the Philippines

Violation of conditions:

Offender is re-arrested and re-incarcerated

Prosecution under Art. 159

Commutation change in the decision of the court by the chief regarding the

(1) degree of the penalty;

(2) by decreasing the length of the imprisonment or fine

Commutation allowed when:

a) person over 70 yrs old

b) 10 justices fail to reach a decision affirming the death penalty

Consent not necessary in commutation

Prisoner is also allowed special time allowance for loyalty w/c is 1/5 deduction of the

period of his sentence.

Parole consists in the 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. In case his parole conditions are not observed, a convict may be

returned to the custody and continue to serve his sentence without deducting the time that

elapsed.

CONDITIONAL PARDON PAROLE Given after final judgement Given after service of the minimum penalty Granted by Chief Executive Given by the Bd of Pardons and Parole For violation, convict may not be prosecuted under 159

For violations, may be rearrested, convict serves remaining sentence

RELATE

Art. 36. Pardon; its effect. A pardon shall not work the restoration of the right to hold

public office, or the right of suffrage, unless such rights be expressly restored by the

terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity

imposed upon him by the sentence.

Pardon by the President does not restore the right to public office or suffrage except

when both are expressly restored in the pardon. Nor does it exempt from civil

liability/from payment of civil indemnity.

Limitations to Presidents power to pardon:

a can be exercised only after final judgment

b does not extend to cases of impeachment

c does not extinguish civil liability only criminal liability

Pardon granted in general terms does not include accessory penalties.

Exceptions:

Pardon by the offended party does not extinguish criminal liability, may include

offended party waiving civil indemnity and it is done before the institution of the criminal

prosecution and extended to both offenders.

1. if the absolute pardon us granted after the term of imprisonment has expire, it removes

all that is left of the consequences of conviction. However, if the penalty is life

imprisonment and after the service of 30 years, a pardon is granted, the pardon does not

remove the accessory penalty of absolute perpetual disqualification

2. if the facts and circumstances of the case show that the purpose of the President is to

precisely restore the rights i.e., granting absolute pardon after election to a post (mayor)

but before the date fixed by law for assuming office to enable him to assume the position

in deference to the popular will