Article 36

Question 1

What is Article 36 of the RPC?

Answer 1

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.

Question 2

Effects of pardon by the President

Answer 2

1. A pardon shall not restore the right to hold public office or the right of suffrage
   Exception: When any or both such rights is or are expressly restored by the terms of the pardon
2. It shall not exempt the culprit from the payment of civil indemnity. The pardon cannot make an exception to this rule.

Question 3

Limitations upon the exercise of the pardoning power

Answer 3

1. That the power can be exercised only after conviction;
2. That such power does not extend to cases of impeachment and cases involving violation of election laws rules, and regulations when there is no favorable recommendation from the COMELEC.

Question 4

Does pardon be granted in general terms include accessory penalties?

Answer 4

No. When the principal penalty is remitted by pardon, only the effect of that principal penalty is extinguished, but not the accessory penalties attached to it.

Exception:
1. When an absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction
2. Where the facts and circumstances of the case already show that the purpose of the Chief Executive is precisely to restore those rights.

Question 5

Does pardon after serving 30 years remove perpetual absolute disqualification?

Answer 5

No. because Article 30 is silent as to the maximum duration of perpetual disqualification and Article 36 expressly provides that 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.

Question 6

Pardon by the Chief Executive distinguished from pardon by the offended party.

Answer 6

1. Pardon by the Chief Executive extinguishes the criminal liability of the offender; such is not the case when the pardon is given by the offended party.
2. Pardon by the Chief Executive cannot include the civil liability imposed; but the offended party can waive the civil liability imposed.
3. In cases where the law allows pardon by the offended party (Art. 344), the pardon should be given before the institution of criminal prosecution and must be extended to both offenders; whereas, pardon by the Chief Executive is granted only after conviction and may be extended to any of the offenders.